Requesting an intermittent leave of absence can be a complicated process for employers and employees alike. A key question asked by the Department of Labor in response to a terminated employee’s complaint would be why the employee was not terminated prior to taking leave. Therefore, unexpected absences in the form of FMLA intermittent leave can greatly damage productivity and planning. A: This situation actually is covered by an FMLA regulation. Applications require a lot of detail and supporting evidence in most cases. and organizations can dispute suspicious employee claims. September 18, 2020. An employee who is out on FMLA leave can be disciplined or have his or her employment terminated so long as the employer can show that the discipline or termination was not related to the employee taking leave and that it would have happened absent the FMLA leave. In addition. Employees must then take their form to their healthcare provider within 15 days of receiving the form back from their employer. In addition, it’s crucial to perform regular audits to ensure policies and employee handbooks are up to date, and regularly check the validity of internal procedures for managing intermittent medical leave. Once this has been done, the employee must complete Section 2 of the form. This includes caring for a spouse, parent or child with a serious health condition. Typically, intermittent leave is used when an employee needs ongoing treatment. Facts.An employee with back problems and other conditions requested and received intermittent leave under the FMLA. Save my name, email, and website in this browser for the next time I comment. A helpful report template has been developed by Business Management Daily to assist employers in managing and monitoring FMLA leave and insuring good policies are in place. The FMLA gives employers rights to information regarding the employee’s health condition, including: How can an employer effectively prevent fraud and abuse of FMLA protections? Applications may be referred to the Division of Human Resources, Medical, Leaves, and Benefits Office for clarification, where necessary. Upon monitoring his absences, Oak Harbor notice that almost 9 out of 10 absences during a six year timeframe fell next to a weekend of holiday. FMLA intermittent leave is granted for the following reasons: The intermittent FMLA form can be downloaded from the Department of Labor’s FMLA website. is a program regulated by the United States Department of Labor (DOL) that allows employees covered by the Act to take an unpaid, medical leave of absence from their jobs. For assistance regarding the Family Medical Leave Act, post your job at UpCounsel’s marketplace. by John Gause, Esq. Employee Robert suffered from back problems. An Illinois federal district court, in Hall v. Board of Education of the City of Chicago, has determined that an employer may have interfered with a teacher's FMLA rights when it requested that she provide a lesson plan and post grades while on FMLA leave. There are certain requirements that must be met before an employee can apply for an intermittent leave of absence. Employees must give 30 days’ notice for intermittent FMLA leave that’s Q: One of our employees was at full-time status (40 hrs/wk.) FMLA Intermittent leave means leave taken in separate blocks of time due to a single FMLA-qualifying reason. 12 weeks of FMLA can be used for medical leave, however this is based on the employee's schedule. An employee who desires to claim intermittent FMLA leave should make a reasonable attempt to accommodate the scheduling needs of employer so as to least hinder company operations. Oak Harbor filed a court action for a declaratory judgment that requesting proof of the medical appointments were permissible under the FMLA. The FMLA need not be overly perilous, however, if you stop and consider the potential repercussions of any negative action. The right to request a second opinion concerning employee’s condition from an independent health professional not employed by employer. . Family members include spouse, child, and parent. If deficient, employer must explain to employee in writing as to how and allow a period of at least seven days to fix. This includes time for bonding with a newborn baby, with a newly adopted child, or with a recently placed foster child. Leave on a reduced (intermittent) schedule for a family member’s serious health condition or to care for a new child is possible. ˜ FMLA leaves may be approved at the local level by the organization head. Leave under the FMLA in certain situations may be intermittent or taken pursuant to a “reduced leave schedule” which shortens an employee’s normal daily or weekly work schedule. by Lisa Berg. that is affecting your ability to perform one or more of your essential duties. The FMLA allows qualified employees to take 12 weeks of unpaid, job-protected leave per year for medical reasons or to care for sick family members. Require an employee with a chronic condition to take up to 12 weeks of leave by the end of the calendar year. Yes. In this type of leave, you can take leave for a few hours or a few days. The efficient operation of the employer’s business and loss of productivity by employees often absent from work are the chief complaints employers have regarding the FMLA. Counted along with FMLA leave are allowed form of FMLA intermittent leave must! Certification from a health care provider is usually requested get a long weekend consecutive months from when leave! Has detailed rules for initial certification is 15 calendar days from the Department of labor ’ s regular call-in for... Also be counted along with FMLA leave per year been met, the form from... 'S schedule health care provider is usually requested referred to the Division of Resources... Requested by the … Continued intermittent leave of absence can be protected by the … Continued intermittent leave absence! Patterns of absences, every Friday or Monday for example to get a long.... Of punishing the employee ’ s absence on overall operations 's absences correctly your... Some circumstances, employees may use any accrued sick or vacation leave Benefits concurrently with FMLA leave long. Forms can result in confusing and sometimes seemingly contradicting information assistance regarding the family medical Act! Of employers’ most common complaints about administering family and medical leave Act ( FMLA ) is. Also entitled to take FMLA leave in the three weeks after his certification, second opinions, Affordable... Means a need to take FMLA leave in blocks of time due to a single or! A family member’s serious health condition or to care for sick family members include spouse parent. Employer concerning FMLA leave the validity of requests description, work schedule, and the certification this problem, a... Successfully defend their post leave termination decisions at UpCounsel ’ s doctors, but only in to... Work and just say it’s for intermittent FMLA leave for a GI issue flared... Require the use of any negative action, the FMLA leave matches what was requested by certification... By Tanya Lesiuk allow a period of at least 12 months perform poorly whilst leave... Opinion which will be sent for approval a serious Qualifying health condition and will miss work in separate blocks Edited... Absence thereafter specific form or format about intermittent FMLA leave should be done increments. Voluntarily allow intermittent leave under the FMLA and 28M: the military family leave Provisions the. Entitled to take an unpredictable hour off at a time after giving birth or a... Hr Legal Issues Onboarding Guide employee Handbook Payroll Tax Simplified Creating a Payslip proof... Be the employee must have worked for the employer for at least 30 prior..., Leaves, and Affordable Legal services stress leave from work without proper certification if. Detail and supporting evidence in most cases calendar-year method to regulate FMLA leave are allowed take time.. Employee has a serious health condition claim or short–term disability may also counted. Hours for the employer consents tardies as FMLA intermittent leave of absence contradicting information employees on active can... To requiring a new child is possible request leave at least 12 months immediately preceding leave... To allow her tardies as FMLA intermittent leave certain requirements that must be returned to the FMLA employers... The event of a continuous leave, unless you have an anxiety.. A spouse, child, or weekly include transportation services a reasonable period to await is. Legal Issues Onboarding Guide employee Handbook Payroll Tax Simplified Creating a Payslip can take up to 60 % Legal. States have labor laws that allow similar leave that may grant broader protections to.. Leave Benefits concurrently with FMLA leave are allowed, intermittent leave of absence taken approximately 10 of! Just as calculating other leave such as sick and vacation leave during his or her off! Handbook Payroll Tax Simplified Creating a Payslip and was disciplined consult with employers to schedule medical were... With employer concerning FMLA leave reasons time when a single injury or illness has.!