›

Intermittant FMLA Leave

SamanthaQSamanthaQ 83 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Question on Intermittant FMLA Leave. For one of our employee's we got the Dr's certification stating that the employee needs intermittant leave. The employee has manic depressive episodes and it's very unpredictable when she will need to call in or leave work early to deal with the episode. Lately it's been about once every two weeks that she needs to leave early or needs a day off.

Would asking her to provide a Dr.'s excuse (not another certification) but just a Dr's excuse be out of line at these unexpected times?
Share on Facebook Share on Twitter

Comments

  • 5 Comments sorted by Votes Date Added
  • POPEYEPOPEYE 958 Posts
    PMVote Up0Vote Down
    Absolutely a violation of the REGS. Once you approve intermittent leave you may not ask for "proof" each time they use it. Now, if you are made aware that this EEs situation has changed significantly, such as a condition that has been cured or is no longer affecting them the same way, you then may ask for updated certification.
    Share on Facebook Share on Twitter
  • marcmarc 3,126 Posts
    PMVote Up0Vote Down
    To piggyback on Popeyes response, you can also recertify monthly, in connection with one of the episodes. Give them the paperwork and start the 15 day clock.
    Share on Facebook Share on Twitter
  • POPEYEPOPEYE 958 Posts
    PMVote Up0Vote Down
    Marc is absolutely correct with this one caveat. You must notify them in writing of their rights and responsibilities. So, if you wish to have the option to re-certify, they must be advised that you reserve that option.
    Share on Facebook Share on Twitter
  • VSVS 77 Posts
    PMVote Up0Vote Down
    Popeye,
    We don't inform the employee in our communications packet that we have the right to recertify. We just follow the regs and apply as needed. Do we actually have to communicate that piece up front?

    Thanks!
    Share on Facebook Share on Twitter
  • POPEYEPOPEYE 958 Posts
    PMVote Up0Vote Down
    You should always advise your EEs of all their rights and responsibilities under the REGs each and every time they mention FML. This advisement MUST be in writing. Just having postings or having a blurb in your handbook is not sufficient.

    I spent a whole evening with a Judge from the 6th Circuit Court at the Tennessee State HR conference and all we talked about was FMLA and the do's and don'ts. Since he would have the "final" say-so if a case ever went to trial, I figured I had better pay attention to what he had to say.

    Check out Appendix D in the REGS. It is a good template for creating your Employer Response letter. (Form WH-381)

    Share on Facebook Share on Twitter
Sign In or Register to comment.