Can you be denied intermittent FMLA?
When employees have chronic conditions and their certifications call for intermittent leave, you should attempt to work out leave schedules as far in advance as possible. It’s legal to try to schedule FMLA-related absences, but you can’t deny them. But you can only ask the employee to go so far.
What constitutes intermittent FMLA?
Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule. However, an employer may require that any accrued vacation or personal leave is used prior to taking the leave.
Does anxiety qualify for intermittent FMLA?
If you have an anxiety disorder, there is a good chance that your condition qualifies you for the Family and Medical Leave Act (FMLA). 1 You may find that your symptoms worsen while under stress or become more difficult to control during certain times of the year.
Can you require a doctor’s note for intermittent FMLA?
No. An employer cannot require a physician’s note every time an employee misses work while taking FMLA intermittent leave. The term “physician’s note” is not referenced in the FMLA; recertification, however, is.
What qualifies for intermittent leave?
Intermittent FMLA is available to employees when he or she has a serious health condition which prevents the employee from doing his or her job or for employees with family members requiring care for a serious health condition. Family members include spouse, child, and parent.
Can you take intermittent and continuous FMLA?
The FMLA entitles eligible employees to both “intermittent” leave and, when medically necessary, “continuous” leave.
What is the difference between FMLA and intermittent leave?
Continuous FMLA Leave: This type of leave is taken up by employees for a continuous period of time. Intermittent FMLA Leave: it is the more flexible way of taking leave. In such type of leave, the employee can take leave for a few hours or a few days.
What employers must offer FMLA?
Public agencies and the federal government. Any public agency, including federal agencies, state agencies, and county and city agencies are all required to provide FMLA benefits to employees.
What medical conditions are covered under FMLA?
Chronic or long-term health conditions that are incurable or could incapacitate the patient for five or more days are considered serious health conditions. Diabetes, asthma, epilepsy, migraines, physical therapy and allergy treatments are some of the chronic or long-term health conditions covered by FMLA.
Can FMLA be used intermittently?
FMLA and CFRA can be used for intermittent leave, including being late to work, if it is related to your disability. As such, this termination may be a violation of those laws. Further, it may be disability discrimination.
How many hours of FMLA a year?
For non-exempt employees, employers often calculate leave entitlement as 480 hours per FMLA year (i.e., 12 weeks x 40 hrs/wk).