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Dale has been using intermittent FMLA leave for approximately 2 years and knows how much he can use without exhausting his annual FMLA benefit. Dale continuously exceeds the doctor’s recommended frequency for leave.
Question:
What do you do with an employee who is using more FMLA than the doctor has stated they should need?
Answer:
Employers are not required to protect time off under FMLA that is not supported by a medical certificate.
You can request Dale “cure” his medical certificate and confirm the need for additional time off. Dale gets 7 days to cure the FMLA medical certificate. If Dale informs you within 7 days of the curing notification, that he needs more time, he can receive an additional 7 days. If Dale does not return the “cured” medical certificate within the extended 7 day period, you can deny Dale protection under FMLA for the time not “cured.”
How is your organization currently evaluating employees eligibility for leave? How do you calculate the amount of intermittent leave they are eligible for? Determining an employee’s eligibility for FMLA and total leave hours can be confusing if the employee works more or less than 40 hours a week.!
The Integrated Medical Leave & Accommodation Management System™ FMLA Designation skill building courses will help you identify who is eligible for FMLA, explain the difference between a serious health condition and a disability, help you evaluate employee criteria for protection under FMLA, concurrently designate FMLA leave with company and other state/federal regulations, and how to manage leave extension requests.
The FMLA Designation module is 4 hours of deep dive primary and advance level information to help you understand, implement and manage FMLA leave in your organization. Both USA and CA versions.
Learn from an HR expert, Beth De Lima, MBA, SPHR-CA, SHRM-SCP, who has over 28+ years of complex medical leave experience and related expert testimony under her belt.
