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Can Excess Trips to the Potty Be Counted as FMLA Leave?
FMLA Insights Link to more items from this source
Jan. 13, 2014

"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. Don't be fooled by the lazy employee. If an employee has notified you of a medical condition causing their unusually frequent or lengthy trips to the bathroom, that's one thing. But if not, treat it first as a performance-related issue, and communicate with the employee about your expectations and how they're missing the mark."

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