Q. One of our employees is taking
A. The new final have revised the employee’s obligation for scheduling leave for planned medical treatment. Formerly, employees had to make a “reasonable attempt” to schedule appointments so they did not unduly disrupt the employer’s operations. Now they must make a “reasonable effort.”
The U.S. Department of Labor (DOL) has stated that once an employer can establish that its operations are being unduly disrupted by the employee’s scheduling practices, the employee “must try to arrange treatment on a schedule that accommodates the employer’s needs.” Even so, the DOL recognizes that it may not always be possible for an employee to meet that requirement.
An employer, nevertheless, still can require the employee to make serious and reasonable scheduling efforts.
- You don't need a second opinion to reject FMLA certification
- Doubt medical certification's accuracy? You're allowed to seek a second opinion
- You're not required to give reservists a post-duty rest period
- Count minutes—not just hours—when figuring FMLA eligibility
- Do you have a 'No lying' policy? It could be a legal lifesaver