Intermittent FMLA: Recertification

HRVolley · January 2007

I know that Int. FMLA is discussed within the forum, but I didn't really find an answer to my current problem. I have an hourly employee that is on intermittent FMLA for the care of her child who has "chronic asthma". The doctor certification states that attacks can happen at any time, and with varying frequency. The employee has breathing treatment equipment, and can treat her child from home. Employee used the leave sparingly (one day off a month), but is now calling in once a week.
She will never use all of her 12 weeks, but is starting to spread word that all she has to do is say she is home with her son, and can call in whenever she feels like it.
Is there anything that I can do, like asking for a recertification? I am sick of getting complaints from other employees!!!

Any thoughts would be greatly appreciated

HRVolley

LindaS · January 2007

How long has it been since you last received certification? If it has been more than 30 days you can require updated certification since the use of leave has increased. What I have done, both with and without success, is provide a copy of the employee's attendance record and require the updated certification to verify the need for the amount of leave that has been taken. Again, this has both worked for me and not so it is a guessing game where it will be for you.

As for anything else that can be done, nothing unless you require the same information for those employees missing work who are NOT taking FMLA leave.

Good luck!

davids · January 2007

I believe you can ask for recertification every thirty days. However, I don't see that helping you much. The issue doesn't appear to be whether the child really has a chronic condition, but rather, whether the child's chronic condition is the real reason for the employee's absence. Recertification will just re-confirm that the child has the condition.

FMLA is a well intented law, but this is an example of how it can be abused (if, in fact, the employee is abusing it).

I don't know how much paid leave you provide employees, but if she is taking off one day per week, she will probably go into leave without pay pretty quickly. Usually, the prospect of going into unpaid status motivates employees to be at work. Also, depending on your company's policies regarding leave, if she runs out of paid leave, you could consider denying her leave without pay for non-FMLA leave, like the two week vacation she wants in the summer or the day here and there to attend to personal business.

HRVolley · January 2007

Thank you for the response. I knew that I could ask for recertification, but for some reason I thought that there were restrictions as to how often you could request.

The only paid leave our company offers is Vacation, so the employee is typically taking time off without pay. I think that is why she hadn't abused her leave in the past. Not sure what has changed, but she doesn't seem as worried about her paycheck. What I am getting frustrated with is the complaining from the manager and other employees, EVERY TIME the EE takes FMLA days.

Thanks for everyone's input.

C Wilson · January 2007

First of all is it true that the employee is spreading the word that she can call in whenever she feels like it? Have you asked her? Sounds to me like it could be some jealous co-workers making those kind of statements. Do by all means ask for recertification and make sure your managers are educated on FMLA so they can deal with employee complaints. I would make it very clear that FMLA is a law that you follow to the letter and the complaint department is closed!

With that said, I have an adult daughter who has asthma & she went two years without a serious attack only to have 4 attcks last winter that required ER visits. Asthma is not predictible!

HR In NH · January 2007

As of Jan 1st, I just changed our leave policy to require employees to use their paid time (whether vacation or PTO) concurrently with FMLA.

Boy, have we noticed a difference already!! Previously, we allowed the leave to be taken as unpaid, but now that they are losing their vacation time/PTO for any absences, it's really cut down on any abuse.

We require recertification annually and we reserve the right to require it more frequently if a potential pattern of abuse appears. I had one (former now) employee who frequently suffered from "terrible" migraines on Mondays and Fridays. Luckily, this didn't affect his ability to play guitar in his band most Friday and Saturday nights.

So, I sent a recertification request to his doctor, along with his attendance record for the last few months. The doctor changed the FMLA certification to limit his need to be absent to "infrequent" and "no greater than once every few months". This stopped his pattern of FMLA abuse, however, his poor attendance did continue and he was eventually terminated.

Intermittent FMLA: Recertification

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