Intermittent FMLA

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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. copyright 2013 These steps can reduce the FMLA headache from a migraine to a dull pain.

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Periodic time off can be a headache. Here are some tips to help handle intermittent FLMA leave.

Transcript of Intermittent FMLA

Page 1: Intermittent FMLA

Managing intermittent leave is one of the greatest FMLA challenges. It extends beyondtracking 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:

SCHEDULEDIf the leave is foreseeable,

the employee must provide 30 days’ notice to

the employer or, if unforseeable, as soon as

practicable.

VACATION/SICK PAYHave a policy that

requires employees to use accrued vacation or sick

pay for time o�.

TRANSFERAn 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 WAGESExplain 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.

RECERTIFICATIONIf 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.

DOCUMENTATIONRecord all intermittent FMLA

leave taken against an employee’s

allotted leave available. Ensure

you have a record of all FMLA

communications.

SECOND OPINIONRequest 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.

copyright 2013

These steps can reduce the FMLA headache from a migraine to a dull pain.