Q. Some of our employees routinely ask to usewhen 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 needsor 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 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.