Employees who want to take additionalunder the must comply when their employer asks for recertification.
Essentially, once an employee has used up his 12 weeks of leave in a year, he has to earn his way back to eligibility for.
For example, if he used all 12 weeks over the course of six months, he’d have to work another six months and 1,250 hours before becoming eligible again.
Recent case: John McGuiness has a son with severe psychological disabilities. He applied forin 2007 to care for the child and asked to leave two hours early every shift. His request was granted.
More than a year passed and McGuiness was terminated, in part because of excessive.
He sued, alleging that some of that time off was to care for his son and that firing him was retaliation. But he had never requested additional intermittent leave after using up his allotment in 2007.
The court tossed out the case, reasoning that the absences weren’t covered by the FMLA because McGuiness never requested the time. His belief thatdidn’t require recertification was irrelevant. (McGuiness v. East West Industries, No. 11-628, ED NY, 2012)
Advice: Keep employees apprised of their FMLA entitlement. Send an expiration notice and explain the reapplication process. That way, there’s no question that the ball is in the employee’s court. He or she must proactively request additional leave.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/31367/once-intermittent-fmla-leave-expires-reset-eligibility-clock-and-demand-recertification "
- Pregnancy and maternity leave: A legal guide and sample policy
- You can terminate someone on FMLA leave--as long as reason has nothing to do with FMLA
- Give—and get—a tax-free college savings boost
- Does the Pregnancy Discrimination Act grant additional maternity leave?
- Answers to your FMLA military family leave questions