The employee is well enough to do the job–do we have to grant intermittent FMLA leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

The employee is well enough to do the job–do we have to grant intermittent FMLA leave?

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Q: “Can we refuse a request for FMLA intermittent leave for a serious health condition when the physician has checked the box indicating that there is no part of that employee’s job that the employee is not able to perform? We included a copy of the job description with the FMLA paperwork we provided.” – Kary, Maryland

A: No, as long as you have no reason to believe the FMLA certification is fraudulent.

There are many kinds of serious health conditions for which an employee may be entitled to intermittent leave that don’t actually affect the individual’s ability to perform the job—as long as the employee takes the time off to participate in the treatment prescribed. For example, a recovering alcoholic may take intermittent leave to attend follow-up counseling, or an employee with failing kidneys may take time to participate in dialysis. Of course, you may not have enough information to understand whether this employee is entitled to intermittent leave, and in that case, the U.S. Department of Labor regulations offer you a few options that may be helpful.

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