Employees who suffer from chronic conditions may have to see their doctors regularly. Under the
You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.
Recent case: Yajaira Strohl, a day care worker, suffered from migraine headaches. She requested (and was granted) a day off for a doctor’s appointment the following month.
The day before her appointment, her boss told her she had to come to work the next day. If she didn’t, she’d be fired. Strohl went to her appointment anyway, was fired and then sued, alleging interference with her right to take .
The day care center argued there was nothing urgent about Strohl’s appointment, so the absence wasn’t protected by the FMLA.
But the court said she was entitled to the time off because she had given appropriate notice.
Plus, reasoned the court, employees with chronic conditions have to see their doctors at some time. If the employer’s reasoning prevailed, it would mean that such employees may never be able to see their doctors. (Strohl v. Brite Adventure Center, No. 08-CV-259, ED NY, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Make sure employees understand your FMLA calendar
- Make sure employee handbook supports compliance with leave laws
- When reasonable accommodation is time off, it's OK to count it as FMLA leave
- You can fire worker out on FMLA leave--just show legitimate work-related reason