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Coming back from FMLA part time - do we separately approve intermittent?

Half HRHalf HR 47 Posts
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We have an employee who has been out for 6 weeks on consecutive FMLA leave.

She is back part time starting today. We have her initial doctor's certification for spinal surgery. We have recent doctor's notes saying she can now come back part time, with hours increasing as she can tolerate.

Do we need to close her consecutive leave and start a new intermittent FMLA leave, or can we just "convert" it?

Do we need to get new doctor's certifications?

Her hours will probably slowly go up, and I'm not sure how often we should ask for doctor's notes. I don't want it to drag on longer than is medically necessary.

Thanks,
Half HR
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  • 6 Comments sorted by Votes Date Added
  • LindaSLindaS 1,510 Posts
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    You do not need to get another doctor's certification for the intermittent leave as long as it is for the same health condition.

    As for the part-time leave, do you allow people to RTW with medical restrictions? If so you would count any time missed as FMLA. As for getting new doctor's slips, what I typically do is require it as they go in and are seen. Find out when she is scheduled for a re-check and inform her that she will need to provide updated information immediately following the appt.. If her appt. is too far out for you to feel it is reasonable, require updated information no less than every 30 days. As for the "as long as she can tolerate", I would not accept that as a restriction. I would inform the EE that you need something more specific as to how many hours she can work, etc..
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  • Half HRHalf HR 47 Posts
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    By intermittent leave I really mean part time leave.

    Does having to work part time due to medical restrictions qualify someone for intermittent FMLA leave?

    She won't have to be out due to ongoing medical treatment. The restriction has to do with how many hours she's able to sit during her recovery. Her doctor has set the restriction.

    I don't think we've had this situation come up before, so whatever we do will set a precedent.

    Thanks,
    Half HR
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  • LindaSLindaS 1,510 Posts
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    If someone is not out completely, they are on intermittent leave. This means that the person cannot work their regular schedule, although they are able to work some.

    As for the restrictions, I would still require a set amount of hours. The reason being that the "as long as tolerable" leaves alot of room for interpretation.

    As for whether or not to allow her to RTW part time, that is again your call.
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  • Half HRHalf HR 47 Posts
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    Got it.

    Thanks very much.

    Half HR
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  • jitrbugjitrbug 307 Posts
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    Half...just make sure that she is aware (document) that the intermittant time she is missing is still coming out of her 12 weeks. Sometimes, ee's misunderstand and think that since they have returned that clock has stopped. If this is going to go on for a long time and it sounds like it will, you don't want her being surprised when she has exhausted her available FMLA and has no more time.
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  • Half HRHalf HR 47 Posts
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    Will do.

    Thanks
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