Employees are entitled tofor a serious health condition. Taking time off for medical appointments is a legitimate use of leave if the treatment is related to a serious health condition.
But that doesn’t mean that employees can schedule those appointments whenever they want. They must followrules, which include giving employers 30 days’ notice for foreseeable leave requests.
In this case, a supervisor’s insistence that the employee come to a meeting and miss an appointment she just told her supervisor about wasn’t interference with FMLA leave. That’s because the appointment was foreseeable. She should have told her supervisor earlier.
Recent case: Barbara had cataracts and visited her eye doctor regularly for monitoring and treatment. When her boss informed her he wanted to have a meeting with her to discuss a report, she stated that she had scheduled a doctor’s appointment for her cataracts. He told her she had to come to the meeting instead—and to cancel the appointment.
Barbara sued, alleging interference with her FMLA leave rights.
The court tossed out the claim. It reasoned that Barbara had to provide notice 30 days in advance or at least as soon as practicable before taking FMLA leave for a doctor’s appointment. She hadn’t done so. Therefore making her work didn’t interfere with her rights under the FMLA. (Hager v. Department of Health, No. 12-3842, 8th Cir., 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FMLA: You can request proof worker's parent has serious health condition
- Same-sex marriage: What's the impact on benefits, policies?
- Remind supervisors: Absolutely no comments about employee's pending EEOC complaint
- The EEOC's new initiatives for 2008: All talk … or a real threat?