"Last-minute" Intermittent Leaves?

KP68

What are your thoughts on an employee applying for intermittent FML time for a child that has random asthma attacks and needs to be "taken to the hospital each time"? I don't have the Certification yet, but how do we allow for this? I can't imagine that this can be planned ahead of time.
Does this raise any red flags out there or is it just me?

Gillian

The fact that it is last minute makes no difference if the child is really sick. If you suspect funny business you can do what you can do in any circumstance where you suspect that - follow up with the doctor, or ask for a second opinion. Those who have experience dealing with this issue will have better advice than me but I don't think that asthma provides advance notice.

LindaS

I agree with Gillian - once the condition has been certified as FML qualifying, there isn't much you can go regarding the random leave. I have the same type of situations regarding migranes and back issues - both have qualified as FML conditions and there isn't any way to predict when these conditions are going to flare up. In fact, my understanding of FMLA regarding chronic conditions is that you cannot require a doctor's slip each time an employee misses work due to the condition once it has been certified. If you question the validity of the condition, you can require a second or third opinion (at the employer's expense) but when I spoke to a local attorney regarding this option, he informed me that his experience has been that only ONCE was the second opinion different than the first, physicians typically "stick together" on this.

My recommendation is to keep close tabs on the amount of time used to ensure the employee does not exceed their allotted time.

Good luck!