Intermittent FMLA

lmccoy

We have a valuable employee who had pre-mature twins in August 2002. One child was released in Novebmer and the employee took one week FMLA. The other child was released in February, and the employee took another two weeks FMLA. Now that the babies are settled, the employee is having to look for outside care as all family members have returned to their homes. The employee keeps asking for FMLA for the care of the children (who suffer serious medical conditions). We don't have an issue with intermittent FMLA, but the employee does not want to give notice, will not give an estimated time of return, complains about medical certification, etc. These children will need constant care for the rest of their lives due to their numerous health problems, as certified by the physician. Do you know of anything we can do to manage the FMLA for this employee? The employee seems to choose when to work or not. This is a department of three employees and it creates a hardship for his co-workers because they have to pull 12 hour shifts and we cannot use temps for this position, not to mention the other workers in this department are having to postpone pre-approved vacations at the last minute. Any suggestions would be appreciated.

LindaS

If you have received medical certification verifying that these children have "serious health conditions" as defined under FMLA and the physician states that the mother will need intermittent leave to take care of them, that is all the certification you need, at least initially. The mother does not have to provide a medical slip for each absence if her intermittent leave has been approved. You can request that she provide you with a "schedule" if the absences are planned but that always isn't possible.

Unfortunately I don't think there is much you can do to "manage" this employee's FMLA leave. Intermittent leave, in my experience, is very difficult to "manage" especially for situations like migraine, asthma, etc.. What you can do is keep very accurate track of the employee's time off so you know when she runs out. The other option you have is to mandate that the employee use any vacation and/or sick time before using unpaid FMLA leave, unless your state is like mine that has a separate state law that doesn't allow this.

Good luck!