1st Circuit Considers Whether Spiritual Healing Is a Qualified Reason for Family Leave

Sheri Qualters
The National Law Journal
November 08, 2010

Does the Family and Medical Leave Act (FMLA) permit caregivers to accompany sick family members who travel seeking spiritual healing? That was one of two issues before the U.S. Court of Appeals for the 1st Circuit on Nov. 4. The other was whether the employee filed adequate certification supporting her leave request.

Chief Judge Sandra Lynch and Judges Michael Boudin and Jeffrey Howard heard oral argument in Tayag v. Lahey Clinic Hospital Inc., an appeal of a January 2010 summary judgment ruling for the employer issued by Judge Patti Saris of the District of Massachusetts.

Maria Lucia Tayag sued the hospital, her former employer, in April 2008 for allegedly interfering with her FMLA right. The hospital fired her via letter on Aug. 18, 2006, after she requested leave to take a seven-week trip to the Philippines so her husband, Rhomeo Tayag, could attend a spiritual healing center. She also claims the termination was in retaliation for her attempt to exercise her FMLA rights. the rest