FML Intermittent leave

elliebrim

I am wondering how other employers handle Intermittlent FML when it's for chronic illnesses such as diabetes, asthma or lupus. Do you require a Dr.s slip for each absence if they were to call in ill for the day and state it was for their illness such as an asthma attack or their blood sugar was out of control. I don't know if this would affect the way you would handle it but our attendance policy requires a physicians slip to return to work if they have been gone more than three days. I've worked in a doctors office and I know they would not want to see a patient each time they had a flare up for certain illnesses.
Any input would be appreciated. Thanks

psrcello

We have the same rule about a physician's release to return to work after an absence of more than three days - we apply this across the board, including FMLA intermittent absences.

On chronic conditions or pregnancy, the regs state that absences related to the condition will qualify "even through the employee or the immedeate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days." (Reg Section 825.114 (e)) A pregnant employee who has a severe bout of morning sickness one day isn't likely to immediately run to the doctor, and I think that's the basis for this interpretive regulation.

The only time we might require a doctor's release would be if we have reason to doubt the stated reason for the absence - this would apply regardless of whether the absence qualifies under FMLA.

LindaS

Psrcello is correct regarding the regulation about intermittent leave and not being able to require a dr.'s slip for each absence. We also have 3-day return to work rule as part of our attendance policy and enforce it regardless of whether or not the EE has been approved for FMLA leave. FMLA does not "trump" established policies.

The only concern I have is Psrcello's statement about requiring a dr.'s slip if they "doubt" the validity of the absence. I would be very hesitant about going outside of the guidelines of an established policy for one employee and not the other. Not something I would recommend doing.