Vivian Martyszenko was working as a cashier at a Safeway grocery store in Ogallala, Nebraska, when she received a call from the police informing her that her two children might have been molested. Ms. Martyszenko’s supervisor gave her two weeks’ vacation leave to care for her children.
The psychiatrist’s exam of the children was inconclusive, and Ms. Martyszenko was told it would take time for their recovery. She asked for leave under the FMLA, which Safeway denied. She then filed suit, alleging Safeway had violated FMLA. Was the boys’ condition a serious health condition covered under FMLA? [Martyszenko v Safeway, Inc., 120 F.3d 120 (8th Cir. 1997)]
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