Is it time to limit your employees’ intake of water from the water cooler? Before you turn the page, consider this: On Franczek Radelet’s FMLA Insights blog, Jeff Nowak tackles the question of whether excess trips to the bathroom can be counted as leave under the Family and Medical Leave Act. Seriously.
Nowak says that the answer isn’t completely clear. However, since the FMLA regulations don’t specify the length of leaves, he continues, an employee who can demonstrate that bathroom trips are medically necessary may have to be accommodated. In fact, there’s a court case that seems to back this up. A federal district court in Ohio ruled in Collins v. U.S. Playing Card Co. that a diabetic employee had the right to request breaks to get food during the workday, which qualified as intermittent FMLA leave.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
