The Essential Guide to Family & Medical Leave

56 | the essential guide to family and medical leave
Example: Cari tells you that she is pregnant. After congratulations and small talk,
Cari says she has been having severe morning sickness and might need to take some
time off—or, at least, come in late when she’s really feeling crummy. Because you’re
reading this book, you immediately realize that the time off Cari is requesting could be
FMLA-protected. Should your next step be to question Cari closely about her symptoms,
so you can decide whether she is truly incapacitated by her morning sickness?
No. You don’t have the right to insist that Cari discuss this type of personal health
information with you. (It could even be illegal under the laws of some states.)
Instead, you should give Cari the required notices and paperwork to designate her
time off as FMLA leave and ask her to provide a medical certification from her health
care provider.
This doesn’t mean that you have to blindly accept whatever the employee
and his or her health care provider tell you, however. If, based on the
information you receive, you question whether the employee (or family
member) really has a serious health condition, you can request a second
opinion (Chapter 8 explains how).
Tip
When an employee takes sick leave, workers’ compensation leave,
disability leave, or leave to care for a family member, always ask yourself
whether the FMLA applies. An employee doesn’t have to specifically
request “FMLA” leave to be protected by the law: As long as the employee
is eligible and takes time off for a covered reason, the FMLA applies and
you should designate the time as FMLA leave. Chapter 7 explains how
much information an employee has to provide and how to designate
leave; for now, just remember that an employee who is taking another
type of leave might also covered by the FMLA.
What Is a Serious Health Condition?
To qualify for FMLA leave, an employee—or his or her family member,
if the employee wants leave to care for someone else—must have a serious
health condition. To be eligible, the employee or family member must have