Can a union employee use the FMLA to use throughout the year to take days off because of asthma, and diabetes?

Question

This employee calls off 2 times a week and says she can't be fired because of the 12 weeks for FMLA. She intends to take a day off here, a day off there, until her 12 weeks are up. This puts a large strain on the other emploees, who must make up her hours. Can anyone do this for any chronic illness? Is it legal?

Answer 1

First off, require a doctor's release for the days off. For the serious episodes, a physician will grant a Medical Leave under your existing policies. For the 'hypochondria', a physician knows when someone is exhibiting real symptoms or trying to ditch work.

Family Medical Leave Act is intended for two things:

-- Pregnancy Leave
-- TERMINAL ILLNESS (Usually this requires termination if someone is at a critical stage anyhow.)

Or it can be used for caring for someone with either of the above.

The terminal illness needs to demonstrate that a family hardship will be created by not being cared for or not caring for the patient if the employee cannot leave work. Most common illnesses or diseases do not qualify for this.

Diabetes and Asthma are manageable diseases, and are not eligible for this coverage unless they have advanced to a terminal or complicating level that death or permanent disability is likely.

Answer 2

2

Answer 3

The employee needs to actually file for an intermittent leave of absence under FMLA. This kind of leave is acceptable under FMLA.