Employment Law Questions? Ask an Employment Lawyer.
Thank you or the information and your question. If you are asking if the employer can terminate your husband for using FMLA if he needed it, then the answer is no. In addition, the employer cannot retaliate against him or having used or using FMLA if for a certified issue. The employer could only terminate him if they find reliable evidence of fraud in his use of FMLA time. As long as his physician can say that his time off is within the parameters of hid health issue, that should be sufficient. It would not be unlawful for the employer to ask for recertification based on a new work schedule if the prior certification was not written in a way that notified the employer about how many days a month, on average, the problem might arise.
If your husband believes the employer is intentionally harassing him or they try to take an adverse employment action specifically based on FMLA, then he needs to sit down with a local attorney who handles FMLA issues as soon as possible and also work with his union to grieve any action that might fall under the BA.
Please let me know if you need clarification.