How to Handle an Intermittent FMLA
The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees up to 12 weeks of unpaid leave each year for medical reasons, care of ill family members and certain other qualified reasons. Frequently leave is taken in one or a few long blocks of time. Employees may need intermittent FMLA leave in the form of reduced work hours or a few (or even single) days at a time. Both employers and workers should know how intermittent FMLA leave is handled in order to insure all regulations are followed and disruption of the workplace is minimized.
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Instructions
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Provide workers with written notification of your policies as an employer relating to intermittent FMLA leave, including changes in policy. These notifications must be sent to any workers currently on FMLA leave as well. In addition, you are responsible for posting information in accordance with U.S. Department of Labor rules advising workers of their rights and responsibilities under the FMLA (see Resources).
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Require completed medical certification before approving intermittent FMLA leave. It is the employee’s responsibility to secure this certification from his doctor or health care provider. Under changes in the FMLA enacted in 2008, employers may contact the worker’s health care provider directly if clarification is needed. An employer may also require a second opinion (but must bear the cost).
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Set clear standards for workers to provide notice of when time off under intermittent FMLA leave will be needed. In general, 30 days notice may be required unless the individual circumstances preclude this. In such cases, workers should be required to provide as much advance notice as possible.
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Require recertification when reasonable. Under FMLA regulations, employers normally can ask for recertification every 30 days (or more often, if the employer has good reason to suspect abuse of intermittent FMLA leave). Workers are responsible for paying the cost (if any). However, care should be exercised here. Demanding recertification frequently without good reason may be deemed harassment and therefore a violation of FMLA rules.
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Keep complete records of intermittent FMLA leave. These records should include not only certification(s), but also written leave requests and time-worked records. In general, these records should be retained for at least three years.
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Tips & Warnings
As of 2009, changes in the FMLA and related regulations allow employers more leeway in managing intermittent FMLA leave. The goal is to help employers minimize disruption of work schedules and address possible abuse. Nevertheless, extraordinary measures such as surveillance of a worker suspected of abuse should be taken only if there is clear evidence of a problem and only after the employer or supervisor consults with legal counsel.
