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5th Circuit Court rules employee not entitled to FMLA leave for chronic diarrhea.(Family and Medical Leave Act of 1993)
Byline: Lawyers Weekly USA Staff
An employee with chronic diarrhea can't sue his employer over the denial of temporary Family and Medical Leave Act leave to accommodate his frequent trips to the restroom, the 5th Circuit has ruled.
The plaintiff, a telephone support center analyst for a Texas public transportation system, was diagnosed with diabetes. The medication his doctor proscribed caused uncontrollable diarrhea, and the plaintiff frequently left his work station to go to the restroom. He was repeatedly reprimanded for leaving his desk or failing to follow log-off procedures. He requested a flexible break schedule, but when his employer asked for further information regarding his medical condition, he refused. Months later, he requested FMLA leave.
The plaintiff was ultimately fired and filed suit, alleging that his termination was a direct result of his request for FMLA leave.
But the court disagreed, affirming summary judgment for the employer.
"[E]ven assuming arguendo that [the plaintiff] has satisfied the requirements for a 'serious medical condition' for either diarrhea or diabetes under the FMLA, the record reflects that he has not shown that this serious medical condition left him incapacitated, as required by the statute. Cases ...
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