Not likely. In a case with similar facts, the Seventh Circuit held that activities, such as handling medical paperwork and picking up a prescription refill, did not constitute “treatment” that prevented the employee from performing his job duties.
While a course of prescription medicine is evidence that an employee suffers from a serious medical condition requiring continuing treatment, taking prescription medicine is not indicative of whether an employee receives treatment preventing him from performing his job. Many chronic conditions require a course of prescription medication, the court noted, but the FMLA requires something more for an employee to become entitled to leave — the inability to perform job functions.
Because the employee’s actions at the doctor’s office — where the doctor never evaluated or examined him — did not constitute treatment, he was not entitled to FMLA leave on that day.
Source: Jones v. C&D Technologies, Inc. (7thCir 2012) 684 F.3d 673.
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