
Let’s talk about a bad FMLA habit that just won’t die.
Employee submits a certification. The health care provider estimates the employee will need intermittent leave two times per month.
Fast forward a few months.
The employee has a third flare-up.
And somewhere in America, an HR professional, supervisor, or leave administrator proudly announces: “Sorry.


This one is to get the blood flowing for you hard-core FMLA nerds out there, cause it’s quickly going to get in the leave of absence weeds.
I’ve often wondered — in fact, even discussed with clients — whether an employer could safely approve an employee’s FMLA-related absence and discipline the employee because he failed to timely report the absence.
Let me start with a toast.
Thanks to those who attended my webinar last week with Matt Morris on “
A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this:
Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.” A link to the recording can be found