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Is this intermittet leave?

WBartlettWBartlett 8 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Our employee had outpatient surgery on his achilles tendon and was supposed to be off work for 6-8 weeks. He came in and worked for an hour or two here and there and on some occasions even 8 hours (but not at his regular job) He never was off three days in a row (72 hours) in the last two weeks. We are thinking of treating it as intermittent leave from the day he had his surgery.

What do you think?
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  • RockieRockie 2,136 Posts
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    When this was designated as FMLA initially, was he supposed to be off 6-8 weeks? If so, did his physician give him clearance to come back on an intermittent basis? This certainly could qualify as intermittent leave with the proper medical authorization. I would hesitate to have someone come back from a surgical procedure without a physician authorizing that they could.
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