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.
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- Patience--and focus on job performance--are key when dealing with difficult employee
- Don't be intimidated by sudden disability claim during discipline
- Accommodation can include FMLA leave to avoid OT
- Make sure employees--and bosses and HR--know exactly how to call in FMLA absences
- How does FMLA leave overlap with paid vacation, sick and personal leave?