discipline for med absence Iowa

[hin_rlw]

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?

[Pattymd]

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.

[cbg]

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.

[hin_rlw]

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.

[ElleMD]

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