3rd Circ. Backs Pa. Hospital's Win In Secretary's FMLA Fight

Law360 (January 13, 2021, 5:57 PM EST) -- A Penn State Health hospital's decision to fire a secretary over her unscheduled medical absences didn't cut into her rights under the Family and Medical Leave Act, the Third Circuit ruled Wednesday, as it found the worker consistently flouted hospital rules for reporting her time off.

Kelly Soutner, a former administrative secretary for the Milton Hershey Medical Center who suffers from irritable bowel syndrome and vertigo, had insisted that the hospital violated the FMLA by sacking her for taking nine medical absences between 2015 and 2016.

However, the Third Circuit sided with the hospital and upheld its trial court win in...

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