Adequate notification of need for Intermittent FMLA Leave

heather1027

When an employee is approved for intermittent FMLA leave and the doctor is unable to determine when and/or how often the employee will miss due to the serious health condition (either for themselves or their family):

1. What is the regulations on the amount and type of information the employee has to provide each time they call off?
2. Can they just state "this is a call off under my approved FMLA" or do they have to provide more specific details?
3. How often do your require a re-certification? Is every month a good safe-guard?
4. Is it ok to require them to provide documentation to support their absence (i.e. doctor slip) when they are able because they did see a doctor on that particular day?

I fear abuse of the policy and I would like to have as much info as possible to protect against it.  If you are able to assist, Thanks!

regdunlop

i can address two of those questions.

1. if the leave is unforeseeable employees must adhere to your usual and customary notice requirements for requesting leave. they must follow your usual call-in procedures. employees must make a “reasonable effort” to schedule intermittent leave so as
not to disrupt unduly your operations.

3. in general for an employee's own serious health condition, you can request recertification no more
often than every 30 days and only in connection with an absence by the
employee, but you cannot require recertification
of long-term or permanent conditions more frequently than every six
months unless certain conditions are met. The regulations say "If the medical certification indicates that
the minimum duration of the condition is more than 30 days, an employer
must wait until that minimum duration expires before requesting a
recertification, unless paragraph (c) of this section applies. For
example, if the medical certification states that an employee will be
unable to work, whether continuously or on an intermittent basis, for
40 days, the employer must wait 40 days before requesting a
recertification. In all cases, an employer may request a
recertification of a medical condition every six months in connection
with an absence by the employee. Accordingly, even if the medical
certification indicates that the employee will need intermittent or
reduced schedule leave for a period in excess of six months (e.g., for
a lifetime condition), the employer would be permitted to request
recertification every six months in connection with an absence"

 

also, if you are worried about abuse, there is some help in the new regulations. "As part of the information
allowed to be obtained on recertification for leave taken because of a
serious health condition, the employer may provide the health care
provider with a record of the employee's absence pattern and ask the
health care provider if the serious health condition and need for leave
is consistent with such a pattern."