Q. A long-standing employee recently took leave under the
A. Leave taken within 12 months of the birth of a child does qualify under the FMLA. , including a reduced schedule, is allowed for the birth of a child only with the employer's approval or when it's required to care for a child with a serious health condition.
Thus, you should require the employee to submit medical certification clarifying whether a serious health condition exists and whether intermittent leave is truly needed. If she fails to produce such medical certification, or if she has exhausted her 12 weeks of, you can deny further time off. If she's entitled to intermittent leave, you may consider a temporary transfer to an equivalent alternative position to better accommodate her reduced schedule.
With regard to unemployment compensation, it appears you'd face an uphill battle trying to show she's ineligible.
- Return employees to their jobs promptly after FMLA leave
- Can unmarried couple both take FMLA leave for newborn?
- What type of 'family care' qualifies for FMLA leave?
- Employees and former employees have up to 3 years to file suit under FMLA
- You can discharge disabled employee if there's no way to know when she'll return