Is your job in danger due to lateness and missed time from IBS?

Has your Irritable Bowel Syndrome (IBS) caused you to be late, over-extend lunch-hours and breaks, or otherwise miss time from work to the point that your job is now in jeopardy? If you've reached this point, you've most likely exhausted all of your paid/excused time off. The good news is that the Family Medical Leave Act (FMLA) entitles employees with a serious medical condition to take up to 12 weeks of unpaid but JOB PROTECTED leave. FMLA has several advantages to someone suffering from IBS, Crohn's Disease and other digestive diseases. First, as stated earlier, while the leave is unpaid, your position is protected while you are on leave. Second, the leave may be taken intermittently, meaning it can be taken from time to time, and even on an hour by hour basis. For someone who is missing portions of days rather than whole days, this is especially valuable because FML can be taken to cover this intermittent missed time without penalty.

Generally speaking, IBS can qualify for FMLA, however, it is important to note that entitlement to the Leave is based on the employer, employee, and the medical condition itself all meeting very fact specific criteria.
I have written an extensive treatment of the FMLA as it relates to sufferers of IBS and other digestive in "The Family Medical Leave Act – An Overview for Sufferers of IBS, Crohn’s and other Digestive Diseases."

I also discuss various issues that can arise regarding the notice you are required to give your employer. This may be an area of concern, as it is often impossible to give prior notice for missed time due to IBS related issues.

Stan Wojculewski is an attorney living and practicing law in New Jersey. He decided to start http://ibsjoblaw.com after a friend that was fired from his job due to lateness and missed time caused by his Irritable Bowel Syndrome came to him for help. The intent of this site is to provide information on employment rights with a focus on the working person suffering from Irritable Bowel Syndrome, Crohn’s disease, colitis, and other digestive diseases.