Approving, certifying andcan be a royal pain, especially in industries where attendance is crucial.
But employees who are otherwise eligible forcan’t be denied that right simply because it’s inconvenient for employers that must juggle staff schedules.
If you accept the fact that some employees will need, you’ll avoid trouble later.
Recent case: After Stacey was diagnosed as depressed, she requestedleave from her nursing-home job to attend counseling sessions. Her request was approved and she began taking time off.
Soon after, she was reprimanded for missing an activity that she was supposed to lead. She was not onleave at the time. Her supervisor reminded her that didn’t give her the green light to skip work when not on leave.
Later, Stacey was fired for incorrectly noting that a patient was in his room when in fact he was elsewhere.
She sued, alleging intermittent leave was the real reason for the firing. The court didn’t buy it, noting that the company let her take leave as she needed it. (Naber v. Dover Healthcare Associates, No. 11-1769, 3rd Cir., 2012)
Final note: This employer did everything right. It approved intermittent leave and allowed the employee to use it. It then reminded her of her workplace obligations while not on leave. It only terminated her for legitimate reasons unrelated to her FMLA leave.
Online resource: Download our free report on this topic, FMLA Intermittent Leave: 5 Guidelines on Managing Intermittent Leave and Curbing Leave Abuse, at www.BusinessManagementDaily.com/FMLAintermittentleave.
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