FMLA intermittent documentation

GM · June 2004

When an employee is qualified for intermittent leave under FMLA (chronic condition), how do you verify their time off? Can you require documentation from the doctor for each intermittent day off? Do they actually have to visit the doctor in order to qualify? (This is for "other than pregnancy" conditions.)

smaces_twin · June 2004

>When an employee is qualified for intermittent
>leave under FMLA (chronic condition), how do you
>verify their time off? You can't. When the doctor signs the form and you accept it you have verified it.

Can you require
>documentation from the doctor for each
>intermittent day off? No.

Do they actually have to
>visit the doctor in order to qualify? (This is
>for "other than pregnancy" conditions.) No.

GM · June 2004

Thanks for your answer. How do ER's control intermittent leave? Seems like EE's can really abuse it if they want to.

mushroomHR · June 2004

It is almost impossible to control intermittent leave, and yes, it is ripe for abuse. Whenever someone has been certified for intermittment leave all they have to do is call in or leave and state it is for their FML reason and they can take off the time. I have several employees who I know are abusing it and there isn't a thing I can do about it. The intent of the law is wonderful but I don't think anyone thought about the problems encountered by the employer.

smaces_twin · June 2004

The only control methods that I know of are: require periodic recertification (apply the requirement consistently) or get a second opinion. There are certain requirements for both of those, so before you do anything review the regs on [url]www.dol.gov[/url] or talk to a competent attorney.

LindaS · June 2004

Intermittent IS very difficult to manage and CAN be abused by employees quite easily. You do, however, have at least one way of managing extended absences...

While the FMLA states that once you approve employees for intermittent FMLA you cannot ask for verification each time the EE is absent, you are still able to administer your company policies.

For example, our policy determines that an absence of three days or more requires a doctor's release before being allowed to return to work. This goes for both FMLA and non-FMLA absences. I know that there are people out there that feel this is against the regulations but we have run this by legal counsel and they feel as long as we are consistent, we are fine. This way we are able to eliminate the length of the absences.

Other than that, not much you can do.

Good luck.

Don D · June 2004

You can control it to the extent that you may require reasonable notice, if the condition allows that, such as a need to go for checkups or therapy. You can also control it to the extent that you can require finite documentation of hours, half hours of absence and he can be required to share in that burden. You can also control it to the extent that you may require that he call in to his supervisor prior to the start of his work day, unless impossible. I can't think of other control mechanisms. We're pretty much strapped with this one.

FMLA intermittent documentation

Comments