Q. Are minor problems like urinary tract infections considered “serious health conditions” under the? Do we have to allow time off? — E.W., Florida
A. Such conditions may indeed be covered by the FMLA, depending on whether the condition requires a health care provider visit and continuing treatment (as would be the case with a trip to the doctor for urinalysis and a prescription) and it leaves the patient unable to perform the essential functions of her job for more than three days.
In many cases, incapacity won’t last more than three days given the rapid action of antibiotic treatments. In such a case, the employee would not be eligible forunless he or she has a recurrence within 30 days. That could happen if the antibiotic fails and the infection comes back.
As you can see, the answer is not at all clear. Diagnosis alone won’t answer the question. The best approach when in doubt is to ask employees to provide FMLA certifications from their health care providers.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Stop FMLA abuse with employee 'bed check'
- Show good-faith ADA accommodation effort by documenting interaction with employee
- You're risking FMLA lawsuit if call-in rules don't allow flexibility in emergencies
- Warn bosses: Pregnancy plans talk is off-limits