Legal Question in Medical Leave in Pennsylvania
fmla
My husband has been on FMLA intermittent leave. If he calls in fmla on a ''prime'' day; a day many others call off sick if they are or not; can the company discipline under abuse of sick time rules?
1 Answer from Attorneys
Re: fmla
You asked about Family Medical Leave Act and potential abuse.
No, an employer can take adverse action based on an employee with approved FMLA leave taking any particular day off.
But, it is incumbent on the person to not abuse the FMLA leave. If the person really needs the day off then s/he should feel free tto take that day. But it is my feeling that under FMLA a person should not take off a day unless it is needed. (As opposed to regular sick time where I personally believe that the occasional mental health day is appropriate.
Regards,
Roger
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