Family Medical Leave Act
Any of you experienced lawyers out there able to help me clarify something?
My wife has serious, chronic, but undiagnosed migraine headaches. She is finally acceding to my suggestion to see a doctor and get it diagnosed this week.
Last week, she had to leave work on Thursday, and by doctor's orders, was not permitted to return Friday because of a severe, crippling migraine that left her barely able to walk, much less operate a car or a computer. When she finally gave in and asked for help, her employer refused to call an ambulance for her, opting instead to force her to call family members to pick her up.
Now, the employer is writing her up twice, essentially putting her on final probation, due to her absences having exceeded her permitted sick time. Her employer told her first that she can't get FMLA time because she failed to provide advanced notice, which I'm sure isn't true. Then they told her that because she doesn't have a diagnosed migraine condition, she is not eligible, even if she gets such a diagnosis ex post facto.
Does this sound right to you? It seems to me that we would never suggest that a pregnant woman be denied FMLA leave because she was unaware of her pregnancy at the time she experienced severe morning sickness.
Leave me a comment or drop me an e-mail if you have thoughts.