mandatory FML

Mainiac

What if a 40 hour employee (who has been out on FML for a week) does not supply any further information from her physician, but wants to take 3 hours once a week to go to a counseling session. Can we require that she provide documentation and go on intermittent FML? She has used all of her available benefit time.

marc

If she does not supply you with the necessary FML paperwork, will your disciplinary policies kick in? If she is out of leave time, what would you do if this were not an FML event? Since the FMLA seeks to prevent you from applying punitive measures for the issues it covers, then whether or not you seek to apply those measures would be the test you would have to pass. If you aren't going to do anything to this ee, what does it matter? If you are going to do something, then this EE should know that and be prompted to supply you with the paperwork to protect her job.

I realize this sounds a bit convoluted, but I know what I mean even if no one else does. I just wait for the voices in my head to quit talking and then get my words in edgewise.x;-)

LindaS

Does the paperwork she already supplied indicate that further treatment is necessary? If so, that information should be enough for you to grant the intermittent FMLA. If it does not, require her to provide updated FMLA paperwork to substaniate(sp?) the need for the additional leave. Keep in mind, also, that you have a right to require any forseen leave to be scheduled so that it will cause the least amount of "upset" to the company. If you plan on taking disciplinary action for the time missed should she fail to provide the required certification, make sure she is aware of that and hopefully it will prompt her to get the necessary information.

Don D

The bottom line is that an employee cannot unilaterally 'put' herself on intermittent leave. Intermittent leave is an agreed upon time of periodic absence based on medical certification, or, otherwise, it does not exist. Employees do not insist upon this type of leave. Nor do medical practicioners mandate such leave. You gather information and review it and reach an agreement based on several factors, none of which is the employee's independent analysis of his/her medical condition.