Can FMLA leave cover routine tardiness?

by on
in FMLA Guidelines,Human Resources

Q. Some of our employees routinely ask to use FMLA when they are five or 10 minutes late. It’s a scheduling nightmare and hurts morale. Does the FMLA cover employees who are consistently tardy?

A. Only if the tardiness is the result of a serious health condition for which the employee needs intermittent FMLA leave or a reduced schedule. If employees are consistently tardy for reasons that are protected by the FMLA and if a physician has certified that it is medically necessary for them to take intermittent FMLA leave or work a reduced schedule, then their tardiness may be protected by the FMLA.

If you doubt that the tardiness is due to a serious health condition or other FMLA-protected reasons, you can ask the employee to get a second medical opinion at your expense.

Leave a Comment