Managing intermittent leave is one of the greatest FMLA challenges faced by HR professionals. It extends beyond just tracking. Review some guidelines for dealing with intermittent FMLA leave.
RSA Conference Exhibitor List 2024 - Exhibitors Data
Intermittent FMLA - Periodic Time Off, Constant Headaches
1. Managing intermittent leave is one of the greatest FMLA challenges. It extends beyond
tracking to issues of scheduling, abuse and disciplinary actions. FMLA intermittent leave
is when an employee takes leave on a reduced schedule rather than all at once.
For employers, there are some specific guidelines for dealing with intermittent FMLA leave:
SCHEDULED
If the leave is foreseeable,
the employee must
provide 30 days’ notice to
the employer or, if
unforseeable, as soon as
practicable.
VACATION/SICK PAY
Have a policy that
requires employees to use
accrued vacation or sick
pay for time off.
TRANSFER
An employer can temporarily transfer
an employee to an available alternative
position with equivalent pay and
benefits. This option is available only
when the leave is foreseeable, the
employee is qualified and the position
better accommodates recurring leaves.
EXPLAIN WAGES
Explain wages and salary changes
to the employee up front. You may
dock even exempt employees for
FMLA intermittent leave. Discuss
any changes in how benefits will
be paid.
RECERTIFICATION
If an employee requests
intermittent leave, request medical
recertification when the minimum
duration of the original
certification ends (but not more
often than every 30 days). You can
request recertification every six
months regardless of the duration.
DOCUMENTATION
Record all intermittent FMLA
leave taken against an employee’s
allotted leave available. Ensure
you have a record of all FMLA
communications.
SECOND OPINION
Request another doctor
to confirm the validity of
the condition and the
proposed treatment
schedule.
FREQUENT CONTACT
Prudent employers would
benefit from keeping in
close contact with an
employee out on
intermittent leave to
confirm eligibility.
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These steps can reduce the FMLA headache from a migraine to a dull pain.