FMLA Headache – Are Migraines a Serious Health Condition?

An employee who was fired after an absence related to migraines filed an FMLA lawsuit against his former employer. 

The Third Circuit recently issued its second ruling in the long-running legal dispute. Here’s what happened – and what HR can learn from the case.

Employee Suffers Migraine, Calls Out

In 2018, Ephriam Rodriquez worked as a bus operator for the Southeastern Pennsylvania Transportation Authority (SEPTA). 

His union had a collective bargaining agreement (CBA) with SEPTA that, among other things, spelled out attendance requirements.

On June 8, 2018, Rodriquez had a migraine, so he called out of work – but that absence put him over the limit of negative attendance points allowed under the CBA.

At an informal hearing, SEPTA noted that Rodriquez’s June 8 absence was related to a migraine – but his other absences were not. Thus, Rodriquez’s discharge was recommended.

After the hearing, Rodriquez requested FMLA leave from SEPTA’s third-party administrator. He scheduled a doctor’s appointment and obtained FMLA documentation for his migraines.

Even so, SEPTA held a formal hearing and approved Rodriquez’s termination.

Are Migraines a ‘Serious Health Condition’ Under the FMLA?

Rodriquez filed an FMLA interference and retaliation lawsuit. Specifically, he claimed that SEPTA interfered with his rights and then retaliated by discharging him after he sought leave.

However, SEPTA argued that Rodriquez failed to establish that he had a “serious health condition” at the time of his employment and discharge.

When the case went to trial, Rodriquez testified that he had suffered from migraines all his life. He said that he often had two or three migraines each month and that they typically lasted a day or two. He testified that he was usually able to return to work “a few days later.” He explained that he treated his migraines “by drinking ginger root tea, taking Tylenol, and avoiding foods that trigger his migraines.” He also acknowledged that he had never seen a healthcare provider to treat his migraines until his appointment on July 3, 2018.

Ultimately, the jury sided with Rodriquez on the interference claim, awarding him $20,000 in economic damages. 

SEPTA moved for judgment as a matter of law, and the district court granted the motion, which erased the $20,000 jury award. Not surprisingly, Rodriquez appealed to the Third Circuit.

Did District Court Wrongly Overturn Jury Verdict?

When the case reached the Third Circuit, the appellate court had to decide whether the lower court made the wrong call by granting SEPTA’s motion and overturning the jury verdict.

To win an FMLA interference claim, Rodriquez had to show he was entitled to use benefits under the FMLA, and that SEPTA denied him those benefits. 

The first element – whether Rodriquez was entitled to FMLA benefits – was the issue here.

To establish entitlement under the FMLA, Rodriquez had to show:

• His migraines were a “serious health condition” as defined under the FMLA and its regs
• He gave appropriate notice of his need to be absent from work, and
• SEPTA interfered with his right to unpaid FMLA leave.

At trial, Rodriquez argued that his migraines qualified for FMLA leave because they were a “chronic condition.” The court acknowledged that the evidence suggested Rodriquez’s migraines were a “chronic condition.” 

But importantly,  an FMLA reg outlines three conditions that must be met in order for a chronic condition to qualify as a serious health condition under the FMLA. Relevant here, one condition “requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider.” 

At the trial, Rodriquez testified that he had never visited a healthcare provider for treatment of his migraines until July 3, 2018.

That initial visit to a healthcare provider for migraine treatment was after his absence on June 8 and after his informal hearing on June 26, the appeals court pointed out.

Rodriquez failed to provide any “evidence of ever having visited a healthcare provider to treat his migraines” before the process of his termination had been started by the employer, the court decided. And that meant, he “failed as a matter of law to show that he had a ‘chronic serious health condition’ on June 8, 2018.”

The Third Circuit affirmed the lower court ruling that overruled the jury’s verdict for Rodriquez. 

2 Key Lessons for HR

1. Timing of Medical Treatment and FMLA Certifications

This decision highlights the importance of timing of employees’ medical treatments for purposes of FMLA eligibility. 

It also serves as a reminder that employees are required to submit timely FMLA certifications from healthcare providers. 

For more help, check out Questionable FMLA Certification? 5 Ways to Fix the Problem.

2. Can Employees Take FMLA Leave for Migraines?

This case turned on the employee’s mistake – he didn’t go to the doctor for treatment of his migraines. But if he had gone to the doctor, the court opined, then his migraines might’ve been covered as a chronic serious health condition under the FMLA. 

But that leaves the initial question unresolved: Are migraines a serious health condition under the FMLA?

As with so many things in HR, it depends on the circumstances of the case.

In Lasher v. Medina Hosp., an employee had been approved to use intermittent FMLA leave when her migraine symptoms flared up. Even so, she was fired after she got caught sleeping on the job. She filed an FMLA interference lawsuit, claiming she needed to take a nap because she had a migraine. 

The court backed the employer for several reasons. Among other things, the employee didn’t notify the employer before going to sleep that she needed to take intermittent leave to deal with a migraine.

To read the full case summary and learn what else the employer got right, check out Was Employee’s Nap Protected Under FMLA?

Rodriquez v. Se. Pa. Transp. Auth., No. 23-3074, 2024 U.S. App. LEXIS 25640 (3d Cir. 10/11/24).