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If an employee has fmla for bronchial issues and uses a

Customer Question
If an employee has...

If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self inflicted.

Lawyer's Assistant: Have you documented this or discussed it with HR?

No not yet

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 8 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/13/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
sure
Customer reply replied 8 months ago
no
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks for your patience. Generally, under FMLA, the only responsibility that an employer has in this regard is to ensure that they do not terminate an employee who has an FMLA-qualifying condition. In this case, if the employee has bronchial issues, but they are using an agent that is causing their own issues, then there is not much that the employer has to even concern themselves with. The reason is because if the employee must leave out on FMLA because of their issues, they only get up to 12 weeks per year. If they go beyond that time, then the employer can terminate them.

What other questions did you have for me today?

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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