FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!
The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations for employers. Though each FMLA case is different and must be decided on its own facts, employers can look to past FMLA cases for guidance. O ne recent FMLA case captured national attention because it asked a federal court: is an employee’s on-the-job nap covered by the FMLA? While many would immediately assume that the answer is “No, of course she cannot sleep on the job!”, the answer is more nuanced. In this case, the employee/plaintiff was a nurse working in a hospital that suffered from debilitating migraines. When these migraines hit, the employee would miss work or “disappear” from her shifts. The employer gave her a written warning for attendance and encouraged her to apply for FMLA leave. The employee did so, and was approved for an intermittent leav...