Does a broken toe amount to a serious health condition under the Family and Medical Leave Act (FMLA)? It depends on the circumstances. But an Ohio federal district court recently held an employee’s FMLA interference claim can go to trial in a case where there was a dispute of whether his broken toe constituted a serious health condition and whether he provided sufficient notice to his employer of the need for FMLA leave.
Gregory Scholl was employed by Miami Valley Polishing, LLC (MVP), in Piqua, Ohio. MVP supplies polished aluminum components to the motor vehicle industry. Scholl worked for MVP as a metal polisher. His job duties required him to stand for lengthy periods of time. Work boots were required to be worn for his position.
