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Can FMLA leave cover routine tardiness?

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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.

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