Third Circuit Issues Bright-Line Interpretation Of FMLA's "Overnight Stay" Rule

Early last month, the U.S. Court of Appeals for the Third Circuit held that a former employee's hospital stay did not count as an "overnight stay" under the Family and Medical Leave Act, and thus did not trigger the FMLA's protections, because the employee was not admitted to the hospital and discharged on two separate calendar days. The decision provides helpful guidance for employers and employees alike regarding what, exactly, constitutes an "overnight stay" under the FMLA. The case is Jeffrey Bonkowski v. Oberg Industries Inc., Case No. 14-1239 (3rd.Cir. May 22, 2015).

By way of background, the plaintiff worked as a wirecut operator and machinist for defendant Oberg. On November 14, 2011, plaintiff was given permission to leave work early by two supervisors after he complained of shortness of breath, chest pain and dizziness. Shortly before midnight that evening, plaintiff arrived at the hospital, and he was admitted shortly after midnight on November 15.