Intermittent FML

Lois

The recent Tip regarding intermittent FML seemed to imply that intermittent FML would only be used for in-patient or out-patient treatment. However, based on their union's advice, our employees are requesting intermittent FML when they feel too ill to work because of their condition, such as chronic emphysema. They are not seeing a physician, just staying home to recuperate. Are such absences covered under FML? Thanks!

Big Fred

Intermittent or reduced schedule leave may be taken for absences where the employee or family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious condition even if he or she does not receive treatment by a health care provider.

System

Since FMLA medical leave doesn't come into play unless the serious health condition NOT involved with in-patient care lasts more than 3 consecutive days, the only way individual hours or days get identified is through intermittent leave.

Intermittent leave can be done when it is medically necessary. I don't believe that recurring appointments are the only condition. If the employee has a continuing serious health condition that sporadically requires the emplyee to be absent from work, the doctor should state that in the initial verification as well as other relevant facts about the condition and intermittency (including how long will it be ongoing).

The employee may not be going to the doctor every time the condition flares up so getting a statement each time isn't appropriate nor permitted.
You CANNOT ask for re-verification of the serious health condition causing intermittent leave more often than every 30 days.

Of course if there is an issue about the initial accuracy of the first or any subsequent medical certificaiton (including a change in condition), you can seek a second opinion as provided for under FMLA.

The employee should never be allowed to claim FMLA-medical leave leave without having the verification.

CuriousG

Gene Labovitz wrote:

>>The employee should never be allowed to claim FMLA-medical leave leave without having the verification.<<

The problem with this statement is that DOL regulations require timely notification once the employee makes the employer aware of an FMLA qualifying condition. This could be as simple as the employee requesting three days off because "my doctor says I can't work." Getting the Health Care Provider certification within 72 hours can be a real problem, and most employers I know of provide "conditional approval pending Health Care Provider Certification."

The regulations are also clear that chronic conditions that meet the definition of a Serious Health Condition, and that warrant itermittent employee time off must count towards and be afforded coverage under FMLA. This could be asthma, emphysema, or any of an multitude of conditions for which patients are able to self-medicate and recuperate without returning to the doctor.