One of the production employees has missed quite a few hours over the past two months due to back pain. The floor supervisor has been instructed by the Department manager to issue a warning to this employee for excess absenteism. Since the employee has always provided a DR/Chiro visit excuse for the time he has missed. The problem that I can see is that this is a medical absence issue with a DR/chiro signed excuse. The employee has been going to a Chiro., and is how being told by the Chiro to get an MRI for the problem. Scine this is not a workers comp issue,(no work related injury) I want to be sure that we can discipline for excessive absenteism based on based on the fact that this is a health issue which is not with in the employees control. What are your thoughts?

Is the employer subject to FMLA? Does the employee qualify? If both, you should give the employee the FMLA forms to take to his doctor for possible certification.

A doctor's excuse is not a get out of jail free card. Outside of FMLA the employer has no legal obligation to take any notice of a doctor's note.

The employer and the employee both qualify for FMLA. The times of abcenses have been just one day here and there not strung together. Does FMLA still apply? I thought FMLA had to be in groups of days absent, such as a week at a time, etc.

FMLA can be intermittent if that is what the condition requires. Give him the forms and see what the doctor says.