Managing Intermittent FMLA: Addressing Employee Leave and Organizational Impact
Elga Lejarza aPHR PHR SPHR SHRM-CP SHRM-SCP GPHR
CEO/Owner of HRTrainingClasses.com? & HRDevelop.com
How should an organization handle a situation where an employee, utilizing intermittent FMLA to care for a parent with a serious medical condition, frequently leaves mid-shift without prior notice? The employee cites the need to “take care of” their parent, with minimal notice, which adds up against their FMLA leave.
While the employee’s right to take FMLA leave is acknowledged, the sudden absences—sometimes with as little as five minutes' notice—create significant operational challenges and place additional strain on the team. How can an employer address such situations while balancing the employee's rights and ensuring organizational continuity?
When employees are taking FMLA on an intermittent basis, it is understood that providing advance notice may sometimes be difficult, especially in cases where the family member experiences an unexpected flare-up related to their medical condition. These situations, by nature, can be unpredictable, and in such instances, the employee has the right to leave under FMLA as long as they notify the employer.
While it is important to review the frequency and duration of the leave as certified by the healthcare provider, if the employee is using their leave within the certified limits, there is little that can be done beyond ensuring compliance with the FMLA guidelines. It is advisable to speak with the employee to confirm that leaving unexpectedly for medical emergencies is acceptable, while also reminding them that, for foreseeable situations such as doctor’s appointments, they are required to provide reasonable notice as stipulated by the FMLA.
Employees are entitled to use their FMLA leave, and once the 12-week allotment within a 12-month period is exhausted, no additional FMLA leave will be available. It's important to ensure that all FMLA hours are accurately documented and tracked. I recommend having a conversation with the employee to see if there are any ways the employer can assist in minimizing or avoiding the occurrences when they need to leave early. However, proceed carefully to avoid any actions that may interfere with the employee's right to take FMLA, as this could be seen as a violation of the law.
If you're interested to learn eight specific step by step process on how to manage this type of situation while staying compliant with FMLA regulations and maintaining operational efficiency, you can visit our website and find them under the "Blog" section https://www.hrtrainingclasses.com/human-resources-essentials-blog/
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Elga Lejarza
CEO/Founder
Human Resources Specialist at Fuel Total Systems Tennessee
1 个月Hey Elga...can you send some information on FMLA regarding boyfriend and girlfriend working at the company on pregnancy leave before and after the birth> thanks
Human Resources Administrator
2 个月Intermittent FMLA is often not handled correctly. I found this article to be beneficial as this reminds us how intricate and delicate FMLA can be. Open communication is the best tool we have in these instances as that employee has certain rights. I feel it is important for organizations have continuity plans to avoid as much as possible the additional stress placed on the team during unforeseen circumstances. While taking care of the employee is important, planning and cross training by the employer will help to alleviate the stress and strain this puts on the team. Great article.