208 F.3d 671 (8th Cir. 2000)
SYNOPSIS: Appellant employee challenged the judgment of the United States District Court for the Western District of Arkansas granting summary judgment in appellee employer's favor on appellant's claim that appellee terminated her employment in violation of the Family and Medical Leave Act, 29 U.S.C.S. §§ 2611-2612.
-Appellant sued appellee, alleging that her employment was terminated in violation of the Family and Medical Leave Act (FMLA), 29 U.S.C.S. §§ 2611-2612, after she requested and took time off work in order to care for her three-year-old son who suffered from a serious ear infection.
-The trial court granted appellee's motion for summary judgment, holding that appellant's son's did not suffer a "serious health condition" under the FMLA.
The court reversed, holding that appellant presented sufficient evidence to raise a question of fact as to whether her son's ear infection incapacitated him for more than three days and whether he then received subsequent treatment for his condition.
-Appellant's son fell ill on June 7, 1997 and required constant care for more than three days. Surgery was performed on July 17, 1997.
-He was also incapacitated for more than three days following his surgery, and required two post-operative doctor visits.
OUTCOME: Judgment reversed. Appellant's evidence showing that her son sustained a sudden onset of an ear infection which required immediate attention by a physician, a series of antibiotic treatments, and surgery was sufficient to present a question of fact regarding whether the illness and disability qualified as a "serious health condition."
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