Theallows employees to take for chronic conditions that sometimes flare up. Employers are entitled to information about the intermittent leave employees take and can request certification from the employee’s health care providers.
The certification should specify the condition, the time off needed and the expected frequency of the leave. Employers then have to abide by the certification—unless the employer receives information that casts doubt on the certification. For example, being late and using the intermittent leave excuse can backfire.
Recent case: Kent Neely, who has chronic sinusitis, got his doctor to provide a medical certification specifying that he needed“one to three times per month.” The certification said the duration of each episode probably would be “one to three days.”
Then Neely started using the intermittent leave excuse when he was tardy. But since the certification mentioned only full-day absences, the employer demanded more information. Neely sued, alleging the employer violated his right to.
Not so, concluded the court. Employers can question intermittent leave when the certification and the leave time claimed are inconsistent. In this case, the employer was rightly suspicious when Neely played the intermittent leave card whenever he was late for work. (Neely v. United States Postal Service, No. 03-6566, ED PA, 2007)
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/4124/suspect-employee-plays-fast-and-loose-with-fmla-leave-check-medical-certification "
- Discipline for absences even if employee has disability
- Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?
- Refusing reinstatement after FMLA? Get your story straight
- Review past practices to judge FMLA leave request
- Sniff out suspicious FMLA requests with this 9-step plan