If you suffer from migraines or another headache disorder that causes you to miss work like I do, you may be concerned at times, regardless of how great your health insurance benefits are, about losing your job. You’ll be happy to know that the Federal Courts have just made things a bit easier on us who must often take a leave from our jobs.
The U.S. Court of Appeal for the Third Circuit (which covers Delaware, Pennsylvania, New Jersey, and the Virgin Islands) recently held that courts must listen to an employee’s own words regarding his or her illness or disorder in determining if he or she is too sick to return to work under the Family Medical Leave Act (FMLA).
FMLA requires employers of 50 or more employees to allow workers up to 12 workweeks each year – unpaid – to take time off from their jobs to care for ill family members or themselves if they should fall ill. The FMLA provides employees with the security of not being fired or disciplined, or being subjected to adverse action because of a medical leave. The employee, of course, must have a physician certify their illness initially; however, the 3rd Circuit holds that lay testimony (that of the employee’s in regard to his or her own illness or medical condition), in combination with the testimony of medical professionals can establish that the illness is serious enough to justify the worker’s leave of absence.
This decision was made after Rachael Scharr, a medical receptionist, went to her doctor with a severe urinary tract infection. She testified that she was unable to return to work for the extent of her absence. She should have been protected from retaliatory firing under the FMLA after her physician wrote a note stating that Scharr would not be at work for two days, and that it was “possible although very unlikely” that she would be able to return to work after three days’ time. She was absent from work a total of four days; two days she had previously scheduled as vacation days (for which she had been approved). She was subsequently fired six days after she returned to work.
Schaar took Lehigh Valley Health Services to court over the firing where the 3rd Circuit reversed the Federal District Court for the Eastern District of Pennsylvania setting the precedent that workers could provide testimony on their own behalf.
So, if you are unable to work due to chronic headache conditions, you may want to investigate further into the matter and discuss it with your employer. Don’t risk being fired, simply be open and let him or her know that you have rights as an employee under FMLA to retain your position despite long-term absences (assuming, of course, that your doctor agrees that you are unable to work).
14. April 2010
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