Tag Archives: Intermittent Leave

Your Employee Is Absent More Often Than Indicated on his FMLA Medical Certification. Now What?

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: Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad back, and … Continue Reading

Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition: A Recap of our Webinar

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 here, and the presentation can be downloaded here. To those who attended, thank you.  To those who missed it, you … Continue Reading

Join Me for a Complimentary Webinar: Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition

When: Wednesday, December 13 (12:00 – 1:15 p.m. central time) Online registration:  Click Here Employers are increasingly managing employees who suffer from mental health conditions such as depression, stress, and panic attacks. Studies show that these mental health conditions are leading to increased use of FMLA leave. Administering FMLA leave and ADA accommodations in these situations can … Continue Reading

Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don't Be That Employer.

Poorly implemented FMLA policies and procedures are in the spotlight this week.  And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars. Their mistakes, however, are golden lessons for the rest of us. Confusion Over How Much Maternity Leave is Provided In Sad Employer Story No. … Continue Reading

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors causes him a great deal of stress, which in turn exacerbates his medical condition, and yesterday was one of … Continue Reading

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner Feldblum (Part II)

Thanks again to those who attended my June 23 webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in early May 2016. If you missed the program, you can access the webinar and materials here. This is the second … Continue Reading

FMLA FAQ: How Does an Employer Calculate Intermittent FMLA Leave When an Employee Moves from Full-Time to Part-Time?

Q: One of our employees was at full-time  status (40 hrs/wk.) six months ago when he was granted intermittent FMLA leave for a GI issue that flared up from time to time. He took 120 hours of FMLA leave (or three weeks) through last month when he transferred to a part-time position (20 hrs/wk.). He continues … Continue Reading

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these situations involve intermittent leave, which is the type of leave most frequently abused by employees. Take, for example, Joe, who suffers from irritable … Continue Reading

Join Me for a Complimentary Webinar: "Where ADA and FMLA Overlap: Leaves, Accommodations and Headaches, Oh My!"

It’s Webinar Time! When managing an employee with a medical condition, the issues involved regularly implicate the FMLA or ADA — or both. Using interactive case studies, we will address critical FMLA and ADA compliance considerations when dealing with the most difficult employee leave and accommodation scenarios. Please join us on Thursday, November 12 (12:00 – … Continue Reading

FMLA FAQ: Must an Employer Provide Intermittent FMLA Leave So An Employee Can Attend to an Autistic Child?

Q:  One of our employees, a front desk receptionist, maintains an erratic work schedule because she must attend to her autistic son.  In short, her son throws a tantrum at school if his mom does not personally drop him off and pick him up from school.  For instance, he hides under a table, refuses to participate, and becomes very aggressive … Continue Reading

The Best of 2014: Sending FMLA Notices by Mail/Email, Requiring Doctor's Notes for Intermittent FMLA Absences Among Most Popular Posts This Year

It’s the final week of the year, so while everyone else in the world is playing with their latest version of iPhone and other new electronic gadgets, I spend my time analyzing this year’s FMLA blog posts and agonizing over how I can deliver the FMLA to your virtual door in an even more efficient … Continue Reading

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the Country

This one is a real headache. Sam oversees a storage area for the Connecticut Department of Transportation (ConnDOT) and during certain times of the year, his position requires a fairly extensive amount of overtime. For years, Sam has suffered from “cluster headaches,” which are far worse than migraines and can last for days.  Sam’s physician … Continue Reading

Join Me for a Complimentary FMLA Webinar: Managing FMLA Red Flags and Staying Ahead of the Trends

It’s Webinar Time! The year 2014 has ushered in a host of fascinating developments involving the FMLA. Courts across the country have issued critical decisions on an employee’s notice of the need for FMLA leave; whether an employee can affirmatively decline FMLA leave; combating FMLA abuse; and caring for a family member. Please join us … Continue Reading

FMLA FAQ: Can an Employer Require a Doctor's Note for Each Intermittent FMLA Absence?

Over the past few weeks, I have had the pleasure of presenting on complex FMLA issues for attorneys and HR professionals attending several seminars sponsored by the National Employment Law Institute (NELI), which puts on some of the best employment law seminars in the country (my session, of course, being a drag on their success!). … Continue Reading

How Can Congress Improve the FMLA? Let's Count the Ways...

Over the past month, as we recognized the 20th Anniversary of the Family and Medical Leave Act, advocates for employees and employers have been clamoring for changes to the Act.   On one hand, employee advocates are calling for a broad expansion of the FMLA that would allow for paid leave or broader coverage (e.g., … Continue Reading

It's a Fact: Employers Often Can Designate FMLA Leave in Longer Increments Than the Actual Leave Taken

In a recent post, I discussed an employer’s obligation to designate leave under the Family and Medical Leave Act even though the employee did not want it to be classified as FMLA leave.  The post generated considerable feedback and some follow-up questions.  I wanted to highlight one of those questions.  One of our blog followers (see right hand … Continue Reading

Giants Beat Patriots in the Super Bowl! Can I take FMLA Leave Today?

Monday, February 6, 2012 is a bittersweet day for employers across New York and elsewhere.  Just hours earlier, their employees watched the New York Giants beat the New England Patriots in Super Bowl XLVI.  For these employers, however, many of their employees won’t be at work Monday morning.  The reason?  In a 2008 survey conducted by The … Continue Reading

FMLA FAQ: How Many Intermittent FMLA Leave Hours is an FLSA-Exempt Employee Entitled To?

Q. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches.  He averages two to three intermittent absences per month.  Normally, I would calculate the employee’s total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should be entitled to 600 FMLA hours because … Continue Reading

Play Ball! An FMLA Lineup That Keeps You in the Pennant Race

In this opening weekend of major league baseball, hope springs eternal for every baseball fan.  In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.  [First, feel free to play the National Anthem if you so desire…] From … Continue Reading

Suffering from Super Bowl-Induced FMLA Leave?

This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin.  After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work.  For employers, you need not be located … Continue Reading
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