FMLA & Out for more than 3 days

GLC

I have question about the part of FMLA listed below:

Absence Plus Treatment
A period of incapacity of more than three consecutive calendar days if under a doctor's care.

We have an EE who was out Mon-Wed, came back Thur for 3 hours and then went home, did not come in Friday, all for the same illness. Since the EE worked some on Thur and then went home, would you consider that to be off work for more than 3 consecutive days or would they need to be off for the entire day on Thur for them to qualify under FMLA ?

stilldazed

Yes, if all of the missed time is due to the same diagnosis and there is medical certification available. See Sect. 825.114(a)(2)(iii) and 825.114(e), both of which describe that absences of less than 3 days can be qualifying if the medical condition is chronic and causes episodic absences.

Based on the info you have provided, you may have a situation involving intermittent absences due to a chronic condition.

Remember that FMLAct requires that only time missed (that is FMLA protected) be counted against the entitlement, and employers must measure in increments that are managed by their payroll process (i.e., down to an hour).

Best wishes.