Total Articles: 4
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 he averages 50 hours worked per week. Is he correct? Help!?!
FMLA FAQ - When to ask for a Second Opinion
An employee has asked for intermittent FMLA leave due to a serious health condition. He has turned in a medical certification, but the doctor who signed it is his general practitioner, not a specialist in the condition for which he is seeking leave. Can I ask for a second opinion?
Appeals Court Rejects Claim For Long-Term Intermittent Leave.
Managing long-term intermittent leave has long been one of the central problems for employers administering FMLA leave. Particularly problematic is the employee who presents a certification suggesting that he or she will need unscheduled leave with little or no notice to the employer over a period of months or years based upon self-diagnosed, unverifiable symptoms such as pain or fatigue. A recent decision by the 8th Circuit Court of Appeals suggests that, at least in some cases, such a leave request need not be granted because the need for frequent, unscheduled, unpredictable leave over an extended period of time can render an employee unqualified for duty.
FMLA Eligibility for Intermittent Leave is Recalculated at the Commencement of the First Absence in a Designated 12-Month Period.
The purpose of the FMLA is to balance the demands of the workplace with the needs of the family. Absences under that act provide reasonable leave for medical-related reasons, while accommodating the legitimate business interests of the employer. Under the FMLA, an employee’s eligibility for the allowable leave is based, in part, upon having worked a minimum of 1250 hours during the 12-month period immediately prior to the leave request.
