Some employees think getting a prescription is enough to claim. 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. His case was dismissed. (Barker v. R.T.G. Furniture, No. 09-13683, 11th Cir., 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- FMLA notwithstanding, it's OK to consider attendance in RIF
- OK to forgo lawyer in most unemployment cases
- What's the best way to legally limit the length of leaves of absences?
- No individual liability under Texas Whistleblower Act or Labor Code