The Family Medical Leave Act (FMLA) is simple: If you're injured, you can take leave and your job is held for you while you recover. Except, the finer points can get a bit tricky. What if an employee can only come back with restrictions? Who makes the judgment call on whether an employee can fulfill her essential duties?
That was the key to Vanessa Budhun's case. She broke a finger, was told by HR that she had to take FMLA leave, and while she was gone, was replaced. The doctor cleared her with "no restrictions in splint," which is kinda-sorta like no restrictions, but with only seven functioning digits. (Bundhun's job requires typing.)
The district court granted summary judgment to the hospital, but the Third Circuit reversed. Why?