United States Eleventh Circuit

For purposes of the Family and Medical Leave Act and 29 C.F.R. section 825.114, a Department of Labor regulation adopted to provide an objective definition for the terms "serious health condition" and "continuing treatment," "more than three consecutive calendar days" of incapacity means a period of continuous incapacity extending more than 72 hours. This regulatory definition is not invalid.

Appellate Information

• Decided 10/02/2003
• Published 10/02/2003

Judges

• CARNES, Circuit Judge:, Before TJOFLAT and CARNES, Circuit Judges, and CONWAY , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jerome A. Pivnik,Pivnik & Nitsche, P.A., Miami, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Linda Spaulding White, Conrad, Scherer, White, Fort Lauderdale, FL, for Defendant-Appellee.