Is it discrimination if I have been given intermittant FMLA due to medical issues?

UPDATED: Oct 2, 2022

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Is it discrimination if I have been given intermittant FMLA due to medical issues?

Is it discrimination if I have been given intermittant FMLA due to edical issues and my employer will not give me requested time off parent teacher meetings, doctor appointments, etc. due to I have no PTO left due to above FMLA?

Asked on October 15, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not discrimination. You write that you have no PTO left: when there is no PTO, the employer does not need to let someone have time off, even if they used their PTO up due to approved uses (e.g. in using FMLA or otherwise for illness or medical treatment). There is no inherent right to time off if you don't have the PTO to use for it, except as you can use FMLA leave. So if you are eligible for and have been given intermittent FMLA leave, it seems that you should be able to use that intermittent leave for your own doctor's appointments which are for the same illness or condition as you are receiving FMLA for. But that would not let you take time off for unrelated doctor's appointments, or to take a family member to the doctor, or for parent-teacherr meetings.

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