In unforeseeable circumstance notice should be given with as much advance notice as possible, with the FMLA suggesting verbal notice no later than 1 or 2 business days after the event triggering the need for leave. Unless the inability to work comes on suddenly, employees should request leave at least 30 days prior to the requested leave start date. For doctor appointments or physical therapy, employers may inquire as to the possibility of these appointments being scheduled outside the employer’s normal working hours. New mother may work a reduced schedule for a time after giving birth or adopting a child if the employer consents.Īn employee who desires to claim intermittent FMLA leave should make a reasonable attempt to accommodate the scheduling needs of employer so as to least hinder company operations. May An Employer Voluntarily Allow Intermittent FMLA Leave?Īn employer may voluntarily allow intermittent leave whenever the employer agrees but is not always required to offer leave. However, employers have been able to successfully defend their post leave termination decisions. An employee who is out on FMLA leave can be disciplined or have his or her employment terminated so long as the employer can show that the discipline or termination was not related to the employee taking leave and that it would have happened absent the FMLA leave.Ī key question asked by the Department of Labor in response to a terminated employee’s complaint would be why the employee was not terminated prior to taking leave. Contrary to popular belief, the FMLA does not bestow some extraordinary job protections for employees. Can An Employee Be Fired During FMLA Leave? If an employee schedules treatment without first discussing this with the employer, the employer may legally require the employee to consult with the medical provider about other treatment schedules. Absences due to a workers' compensation claim or short–term disability may also be counted along with FMLA leave.Įmployers may retroactively adjust leave and reclassify leave as FMLA leave in order to make sure an employee’s allotted FMLA leave is extinguished.
Employees cannot be required to use accrued sick or vacation leave during his or her time off. However, employers should never encourage employees to exhaust other leave prior to electing FMLA leave. The caregiving services can be either physical or emotional or both and include transportation services.Įmployees may use any accrued sick or vacation leave benefits concurrently with FMLA leave.
Family members include spouse, child, and parent. Intermittent FMLA is available to employees when he or she has a serious health condition which prevents the employee from doing his or her job or for employees with family members requiring care for a serious health condition. When Is Intermittent FMLA Leave Available? This leave is available for a defined period of time upon submission by the employee of documentation that intermittent or reduced leave schedule is medically required. Leave under the FMLA in certain situations may be intermittent or taken pursuant to a “reduced leave schedule” which shortens an employee’s normal daily or weekly work schedule. January 2009 and February 2013 saw the institution of new FMLA regulations which made important changes in how employers must administer the legalities of the FMLA. The FMLA is an act of Congress, enacted in 1993 which provides protections for employees who must be away from work due to injury or illness of the employee or to give care to a family member during a period of injury or illness. Intermittent FMLA is leave taken pursuant to the Family Medical Leave Act (FMLA) for a single injury, taken in separate, non-consecutive time periods rather than a single span of time. Updated August 12, 2020: Intermittent FMLA
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