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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Once intermittent FMLA leave expires, reset eligibility clock and demand recertification
- Does time in alcohol rehab count for FMLA leave?
- Tell employees when you plan to charge time off to FMLA
- Notify 'key employee' right away if denying reinstatement to job