Restless Legs and FMLA

morrisg

I have an employee and his doctor says he has restless legs sydrome. It's affecting his sleep to the point that he is not sleeping enough and thus having trouble getting to work. Has anyone else dealt with FMLA employees and restless legs?

I know there are medications for this condition, but if the doctor says he needs to work until he's too tried to work, because of restless legs, does the employee have protection to leave under FMLA when he feels the need to do so if the doctor so directs?

stilldazed

A challenge of FMLA is remembering not to play the role of the physician if you are the HR person. Whether you agree with the physician or not doesn't change the FMLA requirement--if the employee is eligible, he/she has FMLA protection if there is a qualilfying event. The qualifying event is defined by medical certification. If the employees needs to be out of work for medical reasons and medical certification is available to support his/her need, the safe thing to do is allow FMLA--unless or until you have objective reason or evidence to doubt the worker's truthfulness.

To help your comfort level, review the worker's circumstances. Is there a time that could be identified as the time of onset where something about the worker's attendance or work performance changed? Do you have some level of jeolousy from coworkers because this worker might have a shorter work day? Is there a history of discipline for attendance? Is there an impending discharge lurking somewhere? Can you survive a legal challenge if you don't allow the FMLA? Are you treating this employee similarly to others with FMLA issues, especially intermittent absences for chronic conditions. You can also send the DOL medical statement (via the employee) and ask the Dr. to clarify the medical instruction.

best wishes.

davids

I agree with stilldazed; but would add that the employee in this situation would be on intermittent FMLA. If the employee's coming and going without much (or any) notice causes an issue for completing the work, the law allows you to temporarily transfer the employee to different work. I have found (and I still can't figure out why) that when you transfer an employee on intermittent FMLA, he/she feels that the transfer is punishment. The upside of it is that the employee tries to return to their regular duties as soon as possible.

morrisg

Both commments are good ones and much appreicated.

Thanks