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86 St. John's L. Rev. 603 (2012)
Do You Need a Doctor's Note: Lay Testimony Should Be Sufficient Evidence for FMLA Leave unless Compelling Counter Conditions Exist

handle is hein.journals/stjohn86 and id is 615 raw text is: NOTES DO YOU NEED A DOCTOR'S NOTE? LAY TESTIMONY SHOULD BE SUFFICIENT EVIDENCE FOR FMLA LEAVE UNLESS COMPELLING COUNTER CONDITIONS EXIST MARY KALICHt INTRODUCTION People often avoid dentists out of fear, sometimes with dire repercussions. For example, if a patient puts off a routine dental visit for too long, she may need a tooth extraction. Tooth extractions are common, and doctors-after giving the patient a prescription for an antibiotic and pain reliever just in case- will tell her that she will be fine in a day or two. Unfortunately, the patient's day or two of initial pain may extend to four or more days of excruciating, debilitating pain in the jaw, head, and ear. The patient may be unable to work, go to school, and even think because of the pain. If the patient's inability to work extends to four or more days, she may qualify for protection under the Family and Medical Leave Act (FMLA) of 1993,1 which enables an employee to take job-protected, unpaid leave for up to twelve weeks' when he is unable to perform the functions of his or her job.' The patient can treat the tooth pain with home remedies, or return to the dentist for treatment. For example, the patient's pain after a tooth extraction often is the result of a dry socket.' A I Senior Articles Editor, St. John's Law Review; J.D., 2012, St. John's University School of Law; B.S., 1993, Massachusetts Institute of Technology. 1 Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (2006). 2 29 C.F.R. § 825. 100(a) (2009). 3 Id. 4 C. Upadhyaya & M. Humagain, Prevalence of Dry Socket Following Extraction of Permanent Teeth at Kathmandu University Teaching Hospital (KUTH), Dhulikhel, 603