Hansler v. Lehigh Valley Hospital Network — employment — reversal — Fuentes

The Third Circuit today ruled that the district court erred when it dismissed a former employee’s complaint under the Family Medical Leave Act based on an invalid request for leave, holding that the FMLA required the employer to give the employee a chance to cure any deficiencies.

Ambro joined the panel majority; Roth dissented, beginning, “The majority fashions a new rule to fit a sad case.” Arguing counsel were Samuel Dion for the employee and former Greenberg clerk Andrea Kirshenbaum of Post & Schell (mistakenly listed as Post & Schnell in the opinion) for the employer.