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Back to Basics: What is intermittent FMLA leave, and why is it so hard to manage?
- According to Jeff Nowak, intermittent leave is most commonly associated with chronic health conditions that are episodic in nature.
- Intermittent leave is also perhaps the most difficult category of FMLA leave to administer, according to Jeff Nowak, shareholder at Littler Mendelson and author of the FMLA Insights blog.
- The process begins by training managers to identify absences as potential FMLA absences and having call-in procedures that specify the time period by which an absence must be reported, the person to whom the absence should be reported and what the call itself should cover.
- When an FMLA leave request is made, employers may require employees to provide medical certification in order to verify the employee’s need to take time off.
- Effective use of medical certifications allows employers to fight FMLA fraud and abuse, and it’s important to follow up on patterns of absences to ensure intermittent leave is being used properly.
- Upon approval of leave, employers should remember to have an HR team member or a manager talk through certain expectations around leave with the employee.
- It also may be a best practice to discuss expectations with respect to scheduling future medical treatments.
- Employers have a name for this kind of FMLA situation: intermittent leave, that which occurs at irregular intervals.
- Communication is essential to ensure compliance.
- Obtaining medical certifications (and using them to your advantage) is critical.
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