Is it discrimination if I have been given intermittant FMLA due to medical issues?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it discrimination if I have been given intermittant FMLA due to medical issues?
Is it discrimination if I have been given intermittant FMLA due to edical issues and my employer will not give me requested time off parent teacher meetings, doctor appointments, etc. due to I have no PTO left due to above FMLA?
Asked on October 15, 2019 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, it is not discrimination. You write that you have no PTO left: when there is no PTO, the employer does not need to let someone have time off, even if they used their PTO up due to approved uses (e.g. in using FMLA or otherwise for illness or medical treatment). There is no inherent right to time off if you don't have the PTO to use for it, except as you can use FMLA leave. So if you are eligible for and have been given intermittent FMLA leave, it seems that you should be able to use that intermittent leave for your own doctor's appointments which are for the same illness or condition as you are receiving FMLA for. But that would not let you take time off for unrelated doctor's appointments, or to take a family member to the doctor, or for parent-teacherr meetings.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.