Legal Question in Medical Leave in Tennessee

Alternative position for intermittent leave

If a nurse is on intermittent leave for recovery of flare-ups of his medical condition (i.e. he calls in and asks for the day off if symptoms flare up), can the employer require him to work a different shift or take a part-time position? The employer claims the call-ins are disrupting its business because it doesn't have time to find another nurse to cover.


Asked on 2/23/04, 1:21 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Alternative position for intermittent leave

Your situation may be covered by either the Family and Medical Leave Act ("FMLA") or the Americans with Disabilities Act ("ADA"). Both the FMLA and the ADA can require the employer to grant intermittent leave for a health condition. However, the requirements, and the available defenses for the employer vary according to the law. I would recommend that you speak with an attorney who handles a significant number of employment law matters. If you desire to contact us to set up a consultation, you can call us at (901)683-3850 or email me at [email protected]

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Answered on 2/23/04, 2:56 pm


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