Intermittent Leave

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    According to the U.S. District Court for the District of Oregon, the Family and Medical Leave Act (FMLA) does not allow employers to require a doctor's note for every absence once an employee submits a sufficient medical certification for intermittent FMLA leave. While employers can require recertification "on a reasonable basis," requiring a...
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    Sometimes we get questions on how to count intermittent leave against an employee's Family and Medical Leave Act (FMLA) allotment. Here's a reminder. The regulations were changed in March 2013. The changes clarified that employers must track intermittent leave using the smallest increments of time used for tracking other forms of leave (e.g.,...
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    One of employers' most common complaints about administering Family and Medical Leave Act (FMLA) leave is employees' tendency to abuse intermittent leave. When combatting this type of fraud, employers must navigate tricky U.S. Department of Labor (DOL) regulations as well as federal court rulings that limit the type of information that can be...
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    Q We have several employees who have been abusing their intermittent leave under the Family and Medical Leave Act (FMLA) by calling in late or calling in a full day's absence and telling our call- in line only that they will be out "for FMLA reasons." We have been told by some of our other employees that their coworkers' absences have nothing to...
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    Did Solvay Chemicals fire longtime employee Steven Smothers because of a first-time safety violation or because it was tired of his frequent absences due to an ongoing medical disability? The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Wyoming employers) recently ruled that Smothers provided sufficient evidence to suggest that...
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    Did Solvay Chemicals fire longtime employee Steven Smothers because of a first-time safety violation or because it was tired of his frequent absences due to an ongoing medical disability? The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado employers) recently ruled that Smothers provided sufficient evidence to suggest that...
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    Certain qualified employees have the right to take leave for serious health conditions under the Family and Medical Leave Act (FMLA). But the right to take such leave does not allow an employee to simply fail to show up for work; generally, the employee must comply with the employer's notice-of-absence policies when he takes FMLA leave. Failure to...
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    The following case serves as good lesson on what not to do when an employee is facing the unfortunate circumstance of dealing with a tragic family issue. Management should always be "up to speed" on the basic provisions of the Family and Medical Leave Act (FMLA) and should not be encouraged to get in the way of an employee who seeks to take leave...
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    On July 17, 2013, New Jersey Governor Chris Christie signed the New Jersey Security and Financial Empowerment Act (SAFE Act) into law. The SAFE Act, which is effective October 1, 2013, requires employers with 25 or more employees to provide 20 days of unpaid leave to any employee who is a victim of a domestic violence incident or a sexually...
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    One of the most challenging attendance issues employers face is managing absences and intermittent leave due to employees suffering from migraines. Many employers struggle with how to enforce performance and attendance standards without treading on employees' legal rights. In a recent case, an employer terminated an accounting assistant who...
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