You know that when an employer is covered by FMLA and a qualified employee has a serious medical condition, the employee may take FMLA leave to receive treatment for his condition. That makes sense because an employee who undergoes medical procedures cannot perform the essential functions of his job at the same time.
But, does this mean that all doctor's visits are covered under the FMLA? This issue became critical in a recent case.
The employee, Mr. Jones, had a chronic serious health condition and a record of non-FMLA absences from work. Jones was at the limit of his attendance points when he requested and received authorization to be absent one afternoon for a medical appointment. On the day of the appointment, Jones took the whole day off. He claimed FMLA leave time for the morning absence because he made an unscheduled visit to a doctor’s office to pick up a prescription. Jones’ employer terminated him for his last-straw attendance violation.
Jones sued. Jones lost. Jones appealed. Jones lost again. The Seventh Circuit Court of Appeals – which does not cover Texas - treated Jones’ morning excursion as an errand, no different from picking up the dry cleaning or going to the grocery store. The reason?
Jones was not physically examined by a doctor. Consequently, there was no evidence that Jones had to be physically absent from work to receive medical treatment. He was just delivering and picking up a script. The doctor’s office could have called it in, and he could have picked it up that evening. Jones may not have been out of medication, so there may not have been any treatment-related reason for Jones to pick up his prescription at that particular time.
This is a distinction that you should be aware of. Not all doctor’s visits are covered under the FMLA.