Intermittent FMLA

M in AZ

We have an employee who is requesting intermittent FMLA. This is our first request of this nature and unclear in completing Employers response (canned form from g.Neil)

Because the request will be for intermittent time off (doctor appointments and days off due to illness) would we need to complete line item indicating their need to provide us with reports of status and intenet to return to work - when they never took any length of time off of more than 1 week thus far? Or can we indicate we want reports if days absent are 10 or more consecutive days off?

I have a question regarding time used. Doctor's appointments usually won't require a full or half day absence. I understand we cannot force an employee to take more time off then needed for the doctor appointments, etc. The time off can be down as low as by the hour absent. If they are requesting to be paid by using either sick or vacation days - and our policy indicates those days must be taken in no less than 1/2 day increments, can we indicate to the employee they will be marked for time off either in 1/2 day or full day increments for payment purposes and FMLA absences? Can they insist on only using actual time needed and also be paid accordingly, or is that an option only if they are not being paid for the time gone?

Thanks.

SMace

I'll take a stab.
>
>Because the request will be for intermittent
>time off (doctor appointments and days off due
>to illness) would we need to complete line item
>indicating their need to provide us with reports
>of status and intenet to return to work - when
>they never took any length of time off of more
>than 1 week thus far? Or can we indicate we
>want reports if days absent are 10 or more
>consecutive days off?

You cannot require doctors notes when an employee is off on intermittent FMLA. You can require periodic recertification. I believe the shortest frequency is every three months.
>
>I have a question regarding time used. Doctor's
>appointments usually won't require a full or
>half day absence. I understand we cannot force
>an employee to take more time off then needed
>for the doctor appointments, etc. The time off
>can be down as low as by the hour absent. If
>they are requesting to be paid by using either
>sick or vacation days - and our policy indicates
>those days must be taken in no less than 1/2 day
>increments, can we indicate to the employee they
>will be marked for time off either in 1/2 day or
>full day increments for payment purposes and
>FMLA absences?

You cannot do that for FMLA purposes. We charge the FMLA time as the time they were gone. When it comes to paying PTO, we track it until it meets our pay requirement (full day, we don't allow 1/2 days) and then pay them out. Difficult to administer, but that's how we do it. Anyone with better ideas?

Can they insist on only using
>actual time needed and also be paid accordingly,
>or is that an option only if they are not being
>paid for the time gone?

They cannot insist on being paid any differently than your policy states.

Don D

You can require recert, but no more frequently than every 30 days.

Rockie

I had something similar to this happen last year. We had a director whose position we needed to eliminate. She was not the only one, but just about the same time we decided to eliminate her position, she presented us with FMLA paperwork that she needed to have surgery. The CEO felt it would be heartless to "terminate" her when she was facing the surgery. We delayed telling her until she had the surgery and was feeling much better. We talked with her at length before she came back and told her what had transpired and we did not tell her before because of the situation with her surgery. We gave her the choice of just going ahead and not coming back or coming back and then submitting her resignation. She decided she would just not come back. She appreciated us not telling her before the surgery and not terminating before the surgery.

I think the major point is...if this is a business decision, etc., then you should be okay with a termination even if the person is on FMLA. If the decision would have been made without the person being on FMLA, you are probably okay. Where you might get in trouble would be if this person was on FMLA and this was the only position eliminated, particularly if there was a choice between someone on FMLA and not on FMLA. A case could be made for retaliation.

These things are never easy especially when you know a person is already going through a very rough time and then you spring a termination on top of it.

Good luck.