Can prescription meds alone trigger FMLA protections?

By Christian Schappel

An employee misses work without warning for a week. His reasoning? He was just diagnosed with high blood pressure, was put on prescription medication and his doctor told him to schedule a follow-up (which he didn’t do). Can you fire him for unexcused absences, or do they count as FMLA leave?

Answer: You can fire him for unexcused absences, said the U.S. Court of Appeals for the 8th Circuit.
It ruled in an FMLA interference lawsuit brought by Kendrick Johnson against his former employer U.S. Steel Tubular Products Inc. that the medical scenario outlined above didn’t trigger FMLA protections.

Why? Because Johnson didn’t have a serious health condition, which must involve inpatient care or continuing treatment by a healthcare provider, according to the FMLA.

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