Can an employee really take FMLA in 15 minute increments?!
July 12, 2018 | Angela Snyder, Esq.
In many cases, well yes, they can. As we’ve discussed before the FMLA is good like that.
Under the FMLA regulations, employees must be allowed to use FMLA in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour. If you are in a state that mandates sick leave, this likely means you will be required to allow your employees to track FMLA in the same interval you allow employees to track sick leave.
That said, the FMLA does provide employers with some important and often overlooked tools for managing employee abuse of intermittent FMLA. In a case where an employee’s use of intermittent FMLA is problematic, take a look back at the Certification of Healthcare Provider. What does the Certification say about the duration and frequency of leave? If the employee’s use of intermittent leave is not in line with the certification, the FMLA actually provides employers with some options for bringing employees in line. Check out our previous blog post on the subject for tips on managing intermittent leave.
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