More Than a Headache: Migraines and the FMLA

08/20/08

When is a headache more than a headache? When time off for it is protected under the Family Medical Leave Act. Migraine-related FMLA leave has become a hot topic in the workplace, as recent lawsuits have seen employers pay thousands for not accommodating employees who suffer from the condition.

Migraines present a challenge to employers for several reasons. Legitimate migraines are debilitating and meet the FMLA’s definition of a serious condition, which means that migraine sufferers often require frequent intermittent leave at short notice, making FMLA tracking difficult. Migraines are also difficult to diagnose, and rely in large part upon the patient’s word that he or she is indeed suffering, which makes treatment problematic.

Additionally, some employees may merely have headaches, but use them as an excuse to take an FMLA absence or time off.

The solution? As with all FMLA cases, documentation is key. If a physician has noted the presence of migraines, experts advise that employees be allowed to take the intermittent leave necessary to seek treatment, but it is critical that employers stay on top of their medical progress, making note of changes in frequency and duration. Employers also may take preventative steps, such as providing a cool, dark space for migraine sufferers to relax until their condition passes so they do not have to take time off.

And be on the lookout for patterns - if the migraines are regularly occurring on a Monday or Friday, the employee may have issues outside of the migraine that require investigation by an HR professional (i.e., a work-related issue).

For more answers to tricky FMLA situations, see G.Neil’s comprehensive and fully updated FMLA Answer Kit. Inside, you’ll find easy, step-by-step components, written in “plain English,” to get you into complete FMLA compliance.