Legal Question in Medical Leave in Texas

Fmla

I am employed by a hospital, full time, in Texas as a registered nurse. I was diagnosed with Hepatitis C in 2001. I received treatment, which was not successful for the Hepatitis C. I continue to work, but from time to time I have problems related to the illness and cannot work. So, I use a sick day. I try really hard not to call in sick. I have had 5 sick days since January of 2007 and was informed that if I call in sick one more time before January 2008, I will be terminated, as that is all that is allowed. I have not used the FMLA at all since I have been there since 1995. Can I file the FMLA and use it for sick days, even though it is not a continuous period, as for the 12 weeks of time off allowed, in order to protect my job? I can't guarantee that in the next 5 months I will not get ''sick'' and be unable to work on a day that I am scheduled. I never know when I will be affected by the complications of this disease.


Asked on 7/25/07, 3:27 pm

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

Re: Fmla

If your reason for leave qualifies under the FMLA, then you can take it as such. However, FMLA protections apply only to 'serious health conditions.' Generally speaking, these types of conditions are not the garden variety illnesses for which normal sick days are taken.

If you would like more information as to what constitutes a serious health condition, you can visit the Department of Labor's website, www.dol.gov, or you can visit my website, www.memphisemploymentlawyer.net and follow the link to Illegal Employment Practices.

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Answered on 7/25/07, 4:46 pm


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