Every day, I represent the rights of South Carolina employees who are fighting back against wage thieves, racists, and sexual harassers. Every night, I watch TV shows with my wife so I can scour all episodes seeking out employment law issues for the benefits of my readers. It truly is the Lord’s work. And I do it gladly, for you all.
Luckily, the most recent episode of current favorite show, THE PITT on HBO, offers a poignant and powerful example of how the Family and Medical Leave Act (FMLA) provides protection for employees who are suffering from a serious health condition and need medical leave from work in order to receive treatment and fully recover. More importantly, it provided great fodder for another classic blog post.
We All Want to Have Dr. Robbie Yell at Bad Bosses on THE PITT
In Season Two, Episode Four (titled “10:00 A.M.” and airing on February 8, 2026), a patient is finally diagnosed with necrotizing fasciitis (flesh-eating disease). She had first entered the ER with a rash, which rapidly spread and turned into a medical emergency. The patient expressed a desire to get back to work as quickly as possible, as she was worried how her boss would react if she missed too much time.
The issue with work escalates, as her boss calls her repeatedly, even as the ER doctors grow more and more concerned with the progression of the disease and possible seriousness of the diagnosis options. Finally, things reach a head when the boss threatens to fire her if she doesn’t come back in immediately to work. Dr. Robbie grabs the phone and barks, “This is Dr. Michael Rabinovitch. I am the chief of emergency medicine at PTMC. If you fire her, she will sue you and I will testify on her behalf.”
(The Pitt, by HBO)
This moment on THE PITT was especially cathartic for this employment lawyer. I’d been getting more and more indignant as this fictional lady’s employment law rights were being trampled on. At one point, I paused the show and turned to my wife, where I proceeded to give a short (EXTREMELY short, no matter what my wife claims elsewhere on social media) and helpful (EXTREMELY helpful, no matter what my wife told her mother) explanation about the FMLA and ADA implications of the lowdown dirty boss. Of course, there’s nothing my wife likes better than a paused show in front of her and an indignant employment lawyer next to her.
Anyway…
What Legal Rights Would the Patient Have under the FMLA or the Americans with Disabilities Act (ADA)?
Dr. Robbie is right–as he so often is about most medical things. Assuming that the company that the patient works for employees at least 15 employees, then the patient has protection under the ADA. If there’s at least 50 employees, then FMLA protection kicks in (also assuming that she has been there at least one year). [Read More: FMLA Leave and ADA Accommodations for SC Employees] [Read More: The Family and Medical Leave Act for South Carolina Employees]
The patient is at the ER, which should trigger a warning for any well-trained supervisor at her work about possible legal protections. Under the ADA, the definition of a “disability” is extremely broad, and while a short-term rash probably won’t qualify, a bad case of flesh-eating bacteria just might, especially if the treatment results in loss of use of the leg (or amputation altogether). Regardless, the company is obligated to engage in the interactive process with the employee to determine if a reasonable accommodation can be provided. Given that the employee is in the midst of a medical emergency, that conversation should be handled later, not while she’s on the examination table of the ER.
Further, the patient has already told her boss that she’s being examined at the ER. The FMLA defines a “serious health condition” as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. [Read more: What is a Serious Health Condition Under the FMLA?] Conditions that may require continuing treatment include incapacity plus treatment, pregnancy, chronic conditions, permanent or long-term conditions, and conditions requiring multiple treatments. The patient’s condition certainly meets those criteria.
What Should the Boss Have Done (Before Dr. Robbie Chewed Him Out in THE PITT)?
Once the boss was put on notice of the employee’s possible disability and serious medical condition, the boss should have gotten HR involved. HR can follow up at the appropriate time to inquire about the employee’s possible need of FMLA leave or ADA accommodations. The employee has an obligation to cooperate and provide medical documentation to support her need for FMLA leave, but based on the emergency situation developing, the employee does not need to do it right then. Once she is stabilized, she would need to follow up with HR to get her absences covered by FMLA/ADA and to get protection for any continuous or intermittent leave needed for recovery, treatment, and follow up visits. [Read more: Intermittent leave and Continuous Leave Under the FMLA]
The boss should not have threatened the patient with the loss of her job. That very threat interferes with the employee’s FMLA rights, as it is designed to discourage the employee from using FMLA leave at all. Just based on that single threat, the employee already has the basis to file a legal claim. Dr. Robbie’s intervention seems to have worked in the short term, but he’s right that if the matter proceeds into a lawsuit, then he would be a very good witness for the employee. I would take that case any day. [Read More: Retaliation for FMLA Leave in South Carolina]
Takeaways for South Carolina Employees (and Other Fans of THE PITT)
The first big takeaway is obviously to start watching THE PITT. And you should probably watch it the way my wife does, which is for entertainment, and not like I do, which is for blog fodder. (Also entertainment.)
Second, your employer cannot threaten your job while you are in the ER unless the company is interested in being sued. The ADA offers protection for employees with disabilities, and the FMLA provides protection for necessary medical leave and treatment. You should communicate in writing (text or email) to your employer if you are missing work due to a hospital visit. Keep them informed and updated in writing so that the company cannot later claim you failed to tell them what was happening.
Third, FMLA protection also applies to employees who are caring for close family members, such as spouses, parents, and children. So if you miss work due to an ER visit for a family member, you could also apply for FMLA leave in that situation.
Overall, most employees will not have a Dr. Robbie on their side, but your doctor can certainly help you with getting the required paperwork filled out. Can they do so while conveying so much wisdom and emotional weight through their eyes like Dr. Robbie? Maybe not, but they’ll do their best.
If you have any questions about my further employment law/THE PITT-related thoughts, please feel free to reach out at (864) 278-5389 or via our Contact Us form.
