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Prescription alone doesn’t rate FMLA leave

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in FMLA Guidelines,Human Resources,Leaders & Managers,Management Training

Some employees think getting a prescription is enough to claim FMLA leave. Fortunately, that is not true. Otherwise, every employee would be entitled to time off just because they took a prescription drug.

Recent case: Eric Barker sued his former employer after he was terminated. Barker claimed that he had been fired because he needed intermittent FMLA leave for a chronic condition.

But all Barker could show the court was that his doctor prescribed an anti-anxiety medication that he sometimes took. He told the court anxiety bothered him only once in a while, causing him to need an occasional break to recompose himself.

That wasn’t good enough to prove that Barker had a serious health condition qualifying him for intermittent FMLA leave. His case was dismissed. (Barker v. R.T.G. Furniture, No. 09-13683, 11th Cir., 2010)


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