The Family and Medical Leave Act (FMLA), a labor standard and leave law, makes you liable for punitive damages should you violate job protection rules. It’s no surprise, therefore, that many employers avoid confronting excessive absenteeism for fear of facing a lawsuit somewhere down the road.

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Does a doctor’s note legitimize excessive absenteeism? More important,
does it mean ‘‘hands off’’ any employee who relies on a doctor’s note to substantiate his own or a family member’s illness? These are difficult questions, and the correct answer will depend on the laws of your state. Still, a little knowledge will go a long way in shedding some light on the mysterious shadows surrounding FMLA.

What’s important to remember when looking at the FMLA’s reach over your company’s performance management program is that FMLA-related leaves apply only when an employee or family member has a ‘‘serious health condition’’ as follows:
1. An episodic or chronic condition that requires inpatient hospital stays
2. Continuing treatment by a healthcare provider
3. A period of incapacity of more than three calendar days

More often than not, employees who take off for sick time don’t necessarily meet the threshold of having a ‘‘serious health condition.’’
As such, the FMLA may have little impact on your decision to document excessive absenteeism in the form of progressive discipline or to ultimately terminate an employee who violates your company’s absenteeism control policy.

On the other hand, doctors’ notes may preclude your taking any adverse action (including progressive discipline or termination) against an employee for one key reason: in certain states, medical certifications need not identify the condition being treated unlessthe employee consents. Therefore, a doctor’s note will usually only tell you the date of the condition’s onset and its estimated dura-tion—no more. As a result, determining whether an FMLA-quali- fied ‘‘serious medical condition’’ is at hand may be difficult. When in doubt, speak with legal counsel about your rights when doctors allow the individual to take what appears to be excessive time off. Cases like this need to be handled on a case-by-case basis.

Taken From : The Hiring and Firing Quention and Answer Book