FMLA and Diverticulitis and IBS

josei23

I have a difficult one here. We have an employee (FT receptionist) who was diagnosed with both Diverticulitis (weakened colon) and IBS (Irritible Bowel Syndrome). This employee is having problems almost daily where she cannot control her bowels at all due to these problems. This obviously makes it very difficult for her to work, and not run to the bathroom constantly. She has gone to the doctor and they have tried different things that haven't seemed to work. Does this qualify for FMLA? What do you think?

Thanks so much!

Josie

Whatever

Depends on what the doctors state. I would give her FMLA forms to be completed.

Don D

Unless I missed it, you didn't say she needed to be absent from work. Multiple trips to the bathroom at work doesn't constitute FMLA. But, if her doctor certifies that she needs to be off work, yes, that would qualify.

santire

[font size="1" color="#FF0000"]LAST EDITED ON 10-19-03 AT 12:23PM (CST)[/font][p]You may want to consider whether this is an ADA issue rather than FMLA.

System

[font size="1" color="#FF0000"]LAST EDITED ON 10-20-03 AT 08:34AM (CST)[/font][p]I'll bet this leads into other problems for you. If she's a receptionist and makes multiple trips away from her desk or begins to be absent often, you'll have other issues to look at. She'll probably qualify for an intermittent FML and you'll need to develop a backup plan for the receptionist's work.

I hate it when that happens!

"Sam"

rad

It should be covered under FMLA for intermittent absences that will protect the employee during the flare ups as well as the numerous doctors appointments that typically result from this condition. The side conditions resulting from IBS are also covered (there can be several). If the doctor has not recommended staying home during especially severe flare ups, he or she probably should.