FMLA - What constitutes a serious medical condition

[enjay]

What is the name of your state? MD

We have an employee whose leave balance is typically only a day or two at any given time. She is now requesting FMLA leave because she has bad menstrual cramps and takes a muscle relaxer during her period and therefore can't drive to work. Each month she takes 5 full days off. Is this a valid use of FMLA?

 

[Beth3]

Listing all of the requirements that the FMLA defines as constituting a serious health condition would take far too much time but the law does clearly define it. Type in "29 CFR 825.114" in any search engine and that will take you to the exact section of the FMLA you need to read.

By the way, even IF this appears to qualify as FMLA, you have the right under the law to send her for second medical opinion at your expense. (If that doctor's opinion disagrees with her doctor, then the FMLA provides that a third opinion may be sought from a doctor the employee and empoyer agree upon and that opinion will be binding.) In my experience, muscle relaxants are not the appropriate treatment for menstrual cramps. Additionally, the fact that she cannot drive to work when taking certain medications is not the employer's problem. How she gets to work is up to her. The only valid question is whether she is disabled from performing her job once she's AT WORK due to her medical condition.

I think you're getting hosed.

 

[enjay]

Thanks Beth.