HR won’t like this new ruling: FMLA can change employee’s job … permanently

By Christian Schappel

When this worker asked his employer if he could take intermittent FMLA leave in such a way that it would permanently change the nature of his job, the employer denied his request. But then a court stepped in and said the employer didn’t have the right to do that — and you won’t like the court’s reasoning.

Meet Samuel Santiago. He was a material storage supervisor for the Connecticut Department of Transportation (DOT). His position required that he work considerable overtime during snowy months.
Santiago also suffered from cluster headaches, which are far more severe than migraine headaches.
His doctor determined that working overtime was the main trigger for his headaches, and Santiago submitted a medical certification that requested something rather unusual: He requested to take intermittent FMLA leave whenever he had to work overtime.

Would medical leave cover his OT?

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