intermittent FMLA

benefits · July 2002

What are organizations doing to prevent abuse and misuse of "intermittent" Family & Medical Leave.

Don D · July 2002

I'm afraid all we can do is administer the program with good will and good practices, monitor it as best we can, stay in regular contact with the employees who are on FMLA, work with them to come up with the best possible intermittent situation that meets the needs of the ee but conforms to the Company's needs and goals and stay on top of the program time limits. Keep good records in terms of when he's out and for how long and be sure to track the time to the letter. Sure, some will milk it and abuse you and the program. That always happens when they roll out another federal or state program. We do try to ensure that we have regular conversations with the ee and discuss his needs or those of his family member and try to keep a reasonable handle on when it might end and whether it is in keeping with what the company agreed to. You do have the right to insist that the intermittent agrees with what the company wants. You have the option of agreeing to or not agreeing to the terms of the intermittent and hopefully its mutual and won't last long. In the meantime, don't let it give you heartburn. Build it and they will abuse it.

System · August 2002

We require they use earned time off for intermittent leave. I don't think it helps much. We have a big "migraine" problem.

HR Guy · August 2002

It is very frustrating when you KNOW that one of your employees is "milking" the system - amazing how many have dramatic recoveries when their 12 weeks is up!

mets · August 2002

We have a situation where an employee has requested a FMLA leave to care for his mother- her physician would not certify that her illness was serious by definition and therefore it was not approved. Shortly thereafter the employee( (who, by the way has had 2 other intermittent FMLA's during the previous 2 out of 3 summers)submitted a FMLA request on himself to work on an intermittent/ part-time basis, with a anxiety as the condition requiring the absence according to his physician. The physician checked the serious illness box-labeling this as a chronic condition requiring treatment.
After speaking with the physician and informing him that there has been a short history of leave requests in the past as well as the present budget constraints we are under, it sounds like he may be reconsidering his earlier assessment.
In fact he stated that we all could benefit by working a part-time intermittent schedule like he prescribed originally for this employee. I will find out later this week if he really changes his recommendation and prescribes treatment outside of work hours, as I had suggested.
It is interesting to note from the earlier response that we have control over the intermittent schedule- does anyone have experience with a similar situation?
Thanks- Tom

PAhr · August 2002

Mets, am I hearing you correctly? You personally contacted his doctor? I certainly hope you had the employee's permission in writing before you did so. First off, under unlawful acts : FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. I think what you did may have interfered with trying to get FMLA. Do you intend on calling every doctor this employee goes to and try to sway their medical decision by bad mouthing the employee? Secondly : An employer has the right to make periodic inquiries about the employee's leave, but only to that employee. An employer may have a health care provider representing the employer contact the health care provider of the employee, but only with the employee's consent and it may only be for the purposes of clarifying information in the medical cerfification. If you feel that this employee is taking advantage of FMLA you have the option to require the employee see a doctor of your choice to see if he feels FMLA is needed. If he thinks it is needed, you must at that point grant the leave. If your doctor feels that leave isn't needed, then the employee has the right to see a doctor not associated with the employer or the employee. This doctor's determination is final. You must also inform your employee of his options meaning you can't say "well our doctor says leave isn't required so we aren't going to grant it". By following these guidelines you can be assured that you have covered all the bases LEGALLY.

Don D · August 2002

And remember, her doctor works for her, not for you. Not much chance your call, though in violation, will sway her paid personal physician. If it comes up, certainly your explanation will be that you merely called for clarification, certainly not to sway or manipulate. Although either is a violation, one is much safer than the other when your licks are assigned. Chin-up!

mets · August 2002

This contact to the employee's physician was for clarification purposes. The doctor said in his initial statement that there was need only for once a month visits- and that the employee could work 3/days per week and go to work between 8:30AM-9:00AM each of those days. My questions were to clarify whether this emp'ee could work his full schedule on those days- and to inquire if these days were of our choosing etc. Due to the unusual recommendation from the doctor, clairication was recommendation and allowable according to Dept. of Labor personnel I consulted.

intermittent FMLA

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