Managing intermittent leave is one of the greatest FMLA challenges. It extends beyondtracking to issues of scheduling, abuse and disciplinary actions. FMLA intermittent leave

is when an employee takes leave on a reduced schedule rather than all at once.

For employers, there are some specific guidelines for dealing with intermittent FMLA leave:

SCHEDULEDIf the leave is foreseeable,

the employee must provide 30 days’ notice to

the employer or, if unforseeable, as soon as

practicable.

VACATION/SICK PAYHave a policy that

requires employees to use accrued vacation or sick

pay for time o�.

TRANSFERAn employer can temporarily transfer

an employee to an available alternative position with equivalent pay and

benefits. This option is available only when the leave is foreseeable, the

employee is qualified and the position better accommodates recurring leaves.

EXPLAIN WAGESExplain wages and salary changes

to the employee up front. You may

dock even exempt employees for

FMLA intermittent leave. Discuss

any changes in how benefits will

be paid.

RECERTIFICATIONIf an employee requests

intermittent leave, request medical recertification when the minimum

duration of the original certification ends (but not more

often than every 30 days). You can request recertification every six

months regardless of the duration.

DOCUMENTATIONRecord all intermittent FMLA

leave taken against an employee’s

allotted leave available. Ensure

you have a record of all FMLA

communications.

SECOND OPINIONRequest another doctor to confirm the validity of

the condition and the proposed treatment

schedule.

FREQUENT CONTACT

Prudent employers would benefit from keeping in close contact with an

employee out on intermittent leave to

confirm eligibility.

copyright 2013

These steps can reduce the FMLA headache from a migraine to a dull pain.