Is it intermittent FMLA?

PA HR Gal

An employee was absent one day in March, June, October and December of last year for migraine headaches. Should intermittent FMLA been offered? How frequent does this have to occur to qualify? I've not seen guidelines addressing this.

NaeNae55

Is she receiving treatment? If it is an ongoing medical condition that is being treated, then FMLA is applicable. The best way to know is to give the employee the paperwork. She can then take it to her doctor. If the doctor says it is migraines, then you should designate any future leave as FMLA (you can't go backwards).

It can't just be the employee self-diagnosing. It must be done by a medical professional.

PA HR Gal

Thank you, NaeNae55, makes sense. And I don't believe she is receiving treatment.

Still Need Coffee

I agree with Nae's sage advice - give her the paperwork, and let the docs do the rest.

On another note, welcome to the form, PA HR Gal! I noticed this was your first post!

PA HR Gal

Thanks!

Julie Athey

Migraines would fall under the category of chronic health condition. There is no minimum number of absences, but there is a requirement of two annual visits to her health care provider for the condition. See 29 C.F.R. 825.115(c).

Also, you can designate the leave retroactively with the employee's consent (assuming the medical certification verifies the migraines). See 29 C.F.R. 825.301(d). That may or may not be something you want to consider, depending on the circumstances.

Julie