Don’t ignore an employee’s seemingly simple or routine requests for time off. .

Medical certification must relate only to the serious health condition that is causing the leave. For example, if an employee’s child suffers from flare-ups of a chronic condition such as Crohn’s disease, the employee may be forced to use intermittent leave sporadically and unpredictably. This includes time for bonding with a newborn baby, with a newly adopted child, or with a recently placed foster child. Employers should develop clear written policies that detail both parties’ responsibilities with regard to FMLA leave, including intermittent leave. No new formal certification is required. You can seek recertification to verify the person’s continuing need for time off.

4. Such intermittent or reduced-schedule leave is FMLA leave that an employee takes in blocks of time that are less than the full amount of the employee’s total entitlement. This is easily accomplished by asking employees about their treatments or how their family member is feeling. If she is eligible for leave at that time (because she has worked for the employer at least one year and has worked more than 1,250 hours in the preceding 12 months), she can take up to 12 weeks of intermittent leave until the end of the calendar year. To the extent possible, a worker should submit requests for unpaid time off well in advance of the days on which they will take leave. In addition, intermittent FMLA (Family & Medical Act) guidelines are regularly updated which makes it hard to keep on top of current FMLA regulations and requirements. Final note: Employees who are approved for FMLA intermittent leave can take that time off as needed. Further, employers may and should request recertification of the continued need for FMLA leave at certain intervals.

According to the U.S. Department of Labor, which enforces workers’ rights under the Family and Medical Leave Act. Approval of FMLA leave does not relieve employees of their duty to abide by call-in policies when they are able to do so. Once all medical information has been provided, the form must be returned to the employer for a full review. In an effort to tighten up management of FMLA, employers are able to require advance notice, where feasible, of FMLA time needed, according to HR Info. They quickly and successfully mediatedread more, Matthew Coffman recently assisted with my case regarding an employment matter. There are certain requirements that must be met before an employee can apply for an intermittent leave of absence.

FMLA intermittent leave in February. To qualify as a “serious condition,” the law requires that it involve at least two medical treatment visits within 30 days and cause the employee to be unable to work for more than three consecutive days.

A federal court in Massachusetts found that where much of an employee’s time away for treatment and support was also spent visiting healthy family and friends, the employer rightfully terminated the employee for abuse of leave. Disclaimer: This website and its information are provided for informational purposes only and are not to be construed as legal advice. She asked her therapist to certify that she suffered from a chronic serious health condition that required intermittent leave. Key point: When a worker requests intermittent leave or a reduced schedule for foreseeable medical treatment, you can require the employee to try to schedule the treatment so that it’s least disruptive to your business, such as making appointments after work. Employees should also provide as much advance notice of their need for intermittent time off under the FMLA as possible (the regulations state that employees must give notice “as soon as practicable,” see 29 C.F.R. 11-3857, 2013 U.S. App. Although employers cannot, strictly speaking, deny an intermittent Family & Medical Act leave request unless, on justified grounds, the newly updated rules can enable HR departments to make direct contact with employee health care providers to clarify and verify medical reasons for requesting leave.

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