FMLA intermittent leave is prone to abuse. Some employees use it to take a day off whenever the mood strikes.is one of the trickiest areas of the . While employees with chronic health conditions may need short periods of time off when their conditions flare up, employers also know
That’s why it’s important to immediately nail down the expected frequency and duration of intermittent leave. You can insist on a medical provider’s estimate of how often the employee will need time off. You also can wait until the provider gives you that estimate to approve intermittent leave.
Recent case: Michael Tome, who works for Harley-Davidson in York, has a bad back. He asked for intermittent leave. The HR office told him to have his doctor fill out the official Labor Department certification form.
Tome’s doctor did, but he left blank the space provided to fill in the expected frequency and duration of any periods when Tome would need leave.
Finally, the doctor estimated the frequency at “twelve episodes of incapacity over a six month period.” Although Harley-Davidson then approved intermittent leave, Tome sued, claiming the delay interfered with his.
The court disagreed. It said the employer was entitled to complete information before it considered the request for intermittent leave. (Tome v. Harley-Davidson, No. 1:CV-06-2155, MD PA, 2007)
Advice: You can use the U.S. Labor Department’s official certification form (download it at www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf). Then review the form to make sure it’s complete before you approve intermittent 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/3922/you-can-insist-on-complete-labor-dept-fmla-form "
- Attendance discipline needs care if employee qualifies for FMLA leave
- To keep arbitration clause legal, ensure workers' cost is reasonable
- Hunkering down? 3 things you need
- Must we pay out unused vacation days when we fire employees or they quit?
- Changes Coming to the FMLA: The Top 10 Hits ... and Misses