Question: If an employee states that he or she needs to use existing Family and Medical Leave Act (FMLA) designation during the day for restroom breaks, is that something the employee can do?
Answer: More than likely the frequent use of a restroom may be a serious health condition; however, one would look to the Americans with Disabilities Act (ADA) prior to counting this time against the Family and Medical Leave Act (FMLA) entitlement.
In general, when counting bathroom time against an employee’s FMLA entitlement, only do so if the frequency and duration extends beyond the employee’s normal lunch and break periods.
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