Legal Question in Medical Leave in Florida

Re: Requestion time off

If the tiredness is caused by or related to the FMLA-protected condition, then she is entitled to use FMLA (as long as she has not used up her 12 weeks and otherwise qualifies). If the tiredness is unrelated, then she does not get FMLA protection unless it is a new condition which qualifies for FMLA protection.

Note that FMLA is only a protection, not a type of leave. Those are annual leave, sick leave, LWOP, etc. So, even if you deny FMLA protection, you still have to apply your leave policies. If she is entitled to any of those, then she should still receive the leave. Importantly, you must treat her the same as all other employes to avoid potential discriminaiton or FMLA retaliation claims.

Keep in mind, too, that it can be short-sighted to deny leave because you would rather not lose a day's work in the short-term, when all you wind up with is a disgruntled employee.

Other than that, an attorney would need far more informaiton, including the FMLA certification and any other documentation that exists, to advise you properly. If you need to hire an attorney for help with your FMLA policy or this issue, feel free to contact me.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situaiton. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.