Legal Question in Medical Leave in Tennessee

boss trying to dissuade me from using FMLA

My job requires me to be at work, M-F, 8a- 5pm. My husband has Crohn's Disease as well as failed back syndrome and has 1-2 monthly doctor's appointments. My boss is not flexible at all with my schedule, and I would like to be able to go with my husband 1-2x month for his doctor appointments. Even though my job site is open 7days a week, with extended AM and PM hours, I am not allowed to come in during those times. I feel like my best bet would be to use FMLA so that I don't have to call in when I need to be with my husband. My boss seemed irate when I mentioned using FMLA and said ''you DO know that FMLA is only for SERIOUS conditions don't you, and that paperwork from a doctor will be required?'' duh. BTW - I thought that the US GOVt site mentioned that FMLA is also valid for emotional support, not just for doctor visits..??

Is my situation valid for utilizing FMLA? I am FT and have worked for my co. for 2 years and never used FMLA before.


Asked on 5/16/04, 11:17 pm

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

Re: boss trying to dissuade me from using FMLA

Depending on the size of the employer (must be more than 50 within a 75 mile radius) your situation sounds like you should be able to take FMLA leave. The FMLA permits for intermittent leave or reduced leave. This would allow you to take off a couple of hours or so at a time, provided that it is supported by adequate medical certification of the need. Your right, however, is limited to getting the time off from work and not losing your position. It does not include any right to make-up your lost time at some other point in time.

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Answered on 5/26/04, 12:21 pm


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