Intermittent Leave

keithlf · October 2003

I understand that FMLA is based on weeks and not days, however you have to grant intermittent leave if a doctor says the employee must be off work in that manner. This type of leave could last for a year,is disruptive and requires some hardship on the employer. The employee cannot do any other type of job with her condition. Any suggestions?

Thanks

PAhr · October 2003

If the doctor says it's necessary and the condition and/or the treatment regimine makes it a qualifying condition, you must allow the leave regardless of the hardship it brings. You can request a second opinion at your expense, but if the individual definately has a qualifying condition the second opinion would most likely give the same conclusion as far as leave.

Betty I_O · October 2003

You also may request medical re-certification from the employee no more than every thirty (30) days.

Don D · October 2003

FMLA can indeed be based on days and in the case of intermittent leave, can be based on hours. Each hour an employee misses on intermittent leave is totalled and converts to days which convert to weeks, which expire at twelve. Intermittent leave can indeed run for a total year, or it could run for ten straight years, I suppose, if the intermittent agreement with the employer results in that and no more than twelve total weeks, figured in cumulative hours, are used in any one rolling 12-month period. Any break in productivity or attendance 'causes some disruption and hardship on the employer'; it's just another of those things we must find a way to deal with.

keithlf · October 2003

Thanks folks, guess we will have to grin and bare it!

POPEYE · October 2003

It sounds like you anticipate a long period of certifiable intermittent leave. Be sure to figure ALL hours worked during the previous 12 months to find an average hours worked per week. All overtime or short-weeks worked must be considered when calculating an EE's work week. The EE might have more or less entitlement hours than the customary 480.

Don D · October 2003

But be careful not to 'count against' the employee any missed time that was certified FMLA. With FMLA, you can't consider those hours in a penalty application or the withdrawal of a reward. If I understand the suggestion. You can count the hours not worked in your calculation of determining eligibility for FMLA in a subsequent year but cannot use them in another manner that might result in a perceived or real penalty.

POPEYE · October 2003

You would be correct!!!!! The "short" weeks would be because of a reduced schedule or other type of unpaid leave.

keithlf · October 2003

That helps to calculate the hours missed from work, thanks. Yes, this is going to be a long period, it may be for years. One of the biggest problems is that this person cannot be transfered to another position because of her skill level. I want to take care of her because of her longevity and loyal service to the company, but her intermittent absence is hurting production.

Intermittent Leave

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