New year, new issues. Wrong! Employers will still face some of the same problems that they had in the past. The Family Medical Leave Act (FMLA) provides many great benefits to working people and their family members; however, it is also a source of confusion and anxiety for many human resources departments and small business owners.
Let’s start with the basics. What is FMLA? According to the Department of Labor, it entitles eligible employees of certain employers, including companies with fifty or more employees, to take up to twelve weeks of unpaid, job-protected leave in a twelve month period for any of the following reasons:
- the birth and care of a newborn child within one year of the child’s birth;
- the placement and care of a child for adoption or foster care;
- to care for the employee’s spouse, child, or parent who has a serious health condition; or
- when a serious health condition causes the employee to become unable to perform the essential functions of his job; or
- any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty.
An eligible employee who is a service member’s spouse, child, parent or next of kin (military caregiver) is eligible to twenty-six weeks of leave during a twelve month period to care for the covered service member with a serious injury or illness.
Intermittent Leave Frustrations
Some employers feel like FMLA is a burden on the company, but they view intermittent leave as even more troublesome. When employees take leave, some employers believe that business will suffer due to the lack of “hands on deck”. When employees take intermittent leave, employers may not know how many people will come to work on time or show up at all. Also, when employees get to the workplace, they still have the ability to leave early due to their medical conditions. An unpredictable workforce makes operating a business a big struggle.
Some Relief
There is good news! Employers have rights under FMLA too. An employer may require employees to take FMLA for the birth, adoption or foster case placement of a child in increments of time up to twelve weeks rather than intermittently. However, the employer has to allow its employees and their family members with serious health conditions to take intermittent leave when medically necessary. Thus, employers do not have to worry that every single employee will try to get sporadic leave, and come to work as they please, it is only available for those who really need it.
Additionally, it is a good idea that when an employee requests leave in order to care for himself or a family member, the employer require the employee to obtain a medical certification that includes the date the serious health condition started, the likely duration, and the relevant facts regarding the medical injury or illness, such as the treatment plan. The employer should always require a certification so that it will have an idea of the times that the employee may be absent from work.
Employers should inform their employees that they have to provide no less than a thirty day notice to their employer about the need for foreseeable leave. Also, small business owners and companies should tell their workers that they have a duty to try to schedule medical appointments and treatments at times that cause the least disruption to the operations. These requirements can help the employer obtain a better understanding of the comings and goings of its workforce.
Another helpful strategy for the employer is when an employee requests a foreseeable intermittent leave, it can require the employee to temporarily transfer to an available alternative job. The worker must be qualified for the position, and it must contain the same pay and benefits. The alternative job should better accommodate the employee’s need of reoccurring leave than his original position. This strategy may help the employer better manage its employees when they work irregular hours.
Employers should not dread the pesky intermittent leave; they should make themselves aware of their rights under FMLA.
