Bar the door: Actionable tips for defending FMLA claims

Good timing can mean the difference between success and failure, and waiting too late can cost you—as a transit employee discovered the hard way. Although this case comes from a different state, it’s still helpful when defending Family and Medical Leave Act (FMLA) claims in Texas.

Chronic serious health condition

As a threshold matter under the FMLA regulations, an employee with a chronic serious health condition visits a healthcare provider at least twice a year for treatment.

The operative time for determining whether a particular condition qualifies as a chronic serious health condition is the time the leave is requested or taken. Treatment occurring after the employee takes leave is irrelevant to whether they suffer from a chronic serious health condition under the FMLA.

Applying legal principles to facts

Ephriam Rodriquez worked as a bus operator for the local transit authority, but he had attendance issues. He missed work on June 8, 2018, because of a migraine, which caused him to accumulate more attendance points than were allowed under the terms of the collective bargaining agreement (CBA). His employer held an informal hearing on June 26 at which it recommended taking steps to discharge him.