
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.

Matt was a correction officer for the Camden County Board of Chosen Freeholders, which as an aside, sounds like something straight out of Harry Potter and the Sorcerer’s Stone.
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.
Jingle Bells is now a faint memory. Three weeks into 2020, we’ve made and already broken our New Year’s resolutions.
When: Wednesday, December 11, 2019 (12:00 – 1:15 p.m. central time)
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: