Abuser, so what's new?

HRinOZ

I have an employee who is on intermittent FMLA, uuggh... leaves work 1 -2 times a week because he is not feeling well. Numerous doctor apointments - always seem to be on friday. Last week I mentioned to this employee it would be helpful if he could schedule his appointments after his shift ends at 3:30, that would help our production schedule and definately help his paycheck not to be short so many hours. He tells me that's why he got a second job to make up for what he is short here. It is obvious intrmittent FMLA is being abused, I am going to request a re-certification, what else can I do?

FunHRBanker

From the DOL website ([url]http://www.dol.gov/dol/allcfr/esa/Title_29/Part_825/29CFR825.203.htm[/url]). The last sentence may help you! You may also need to check your state regs.

29 CFR 825.203 - Scheduling of intermittent or reduced scheduled leave.


Section Number: 825.203
Section Name: Scheduling of intermittent or reduced scheduled leave.

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Eligible employees may take FMLA leave on an intermittent or
reduced schedule basis when medically necessary due to the serious
health condition of a covered family member or the employee or the
serious injury or illness of a covered servicemember. See Sec.
825.202. Eligible employees may also take FMLA leave on an intermittent
or reduced schedule basis when necessary because of a qualifying
exigency. If an employee needs leave intermittently or on a reduced
leave schedule for planned medical treatment, then the employee must
make a reasonable effort to schedule the treatment so as not to disrupt
unduly the employer's operations.
[73 FR 68088, Nov. 17, 2008]

LindaS

What do his most recent set of forms say about the amount of leave he needs? Does it provide an estimation of the amount of leave? If so, does this coincide with the amount of leave he is taking?

Under the new regs, the health care provider has to provide an estimation of the amount of leave he will need to take, as well as an estimation of how frequent his medical apppointment will be. If this information is not provided, you have the right to deny the leave until it is provided. Once it is provided, if the EE is taking more leave than what the HCP specifies, you have the right to request updated medical certifications verifying the amount of leave he is taking. You also have the right to attach a copy of the attendance record and require that the HCP verify the need for the amount of leave taken.

As for planned medical appointments, I always require a minimum of two-week notice and if the EE is unable to provide that amount of notice, I require additional certification verifying that the appt. was needed on a last-minute basis.