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Rhoads v. FDIC, No. 98-2374, 257 F.3d 373 (4th Cir. 2001), cert denied 122 S.Ct. 1309, motion for rehearing denied 2002 U.S. LEXIS 4670 (2002): To be entitled to leave under FMLA, an employee must not only comply with the notice and certification provisions under the act, but also prove that he or she suffers from a "serious health condition." An employer does not waive its right to contest an employee's claim that he or she has a "serious health condition " by failing to require the employee to obtain a second opinion. Although FMLA permits the employer to require second and third opinions at its own expense, the statute does not require it.
Lori Rhoads (Rhoads) was hired by Standard Federal Savings Bank (SFSB) as a financial analyst in September 1987. The bank failed in October 1992 and Resolution Trust Corporation (RTC) was appointed its receiver. A new savings association, Standard Federal Savings Association (SFSA), was chartered as conservator. As a result, Rhoads's employment with SFSB terminated and she was hired for the identical position with SFSA.
Rhoads suffered from asthma and migraine headaches which were exacerbated by second-hand cigarette smoke. After she began working, she experienced the negative effects of her co-workers' smoke and periodically sought medical treatment for bronchitis, pneumonia, severe lung infections and cluster migraine syndrome. The smoke increased when new RTC employees arrived. Rhoads's supervisor even sent out a memo asking employees to stop smoking out of courtesy to the employee whose health was suffering because of the smoke. SFSA officials allowed Rhoads to take lengthy absences from work because of her condition until finally, in May 1993, her supervisor arranged for her to work at home to avoid exposure to the smoke.
While she worked at home, Rhoads's department was transferred to SFSA's operations center in Frederick, Maryland. In June 1993, SFSA adopted a smoke-free workplace rule to be effective September 1. On that date, smoking would be prohibited at the operations center. When RTC officials learned that Rhoads was working at home in July, they asked her to report to the operations center for work. She and bank officials debated whether she should have to work there, continue to work at home or submit the necessary medical...