Time to limit your employees’ intake of water from the water cooler. 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.
Though it’s not a completely clear issue, Nowak says that since the FMLA regulations don’t limit the size of leave under the Act, if an employee could demonstrate the bathroom trips are medically necessary, they may have to be accommodated. Presumably, they shouldn’t mark the employee as being insufficiently dedicated, something that New York former Mayor Michael Bloomberg talked about on a radio show. In fact, a court has already determined in one case, Collins v. U.S. Playing Card Co., that a diabetic employee had the right to request breaks to get food during the work day, which qualified as intermittent FMLA leave.
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