Six Pointers to Curb FMLA Intermittent Leave Abuse By Aaron Clark, Attorney, McGrath North
certification from their health care provider confirming that intermittent leave is medically necessary. The employee’s doctor must identify the specific reasons for leave, the duration and dates for treatment. If entries are missing, vague or ambiguous, you may ask the employee to provide more complete information. An employer may also contact the health care provider to obtain authentication and clarification. For example, the employer can confirm that the doctor actually prepared the certification or clarify the meaning of a response. However, a direct supervisor may not be the one who contacts the health care provider; this is typically handled by a Human Resources professional or leave administrator.
One of the biggest headaches for employers is dealing with employees who abuse intermittent leave under the Family and Medical Leave Act (FMLA). It often starts with a medical certification indicating that an employee suffers from a serious health condition that can flare up at any time causing the employee to miss work. Such conditions may include depression, asthma, migraine headaches, sleep apnea and other medical conditions that are episodic in nature. When abuse occurs, it often disrupts business operations and causes supervisors to demand Human Resources to take action. If the employee is eligible for FMLA, the employer must comply with the regulations when addressing issues of abuse. The regulations provide some tools to assist employers in this area. Here are some pointers: j
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Require a complete medical certification. To obtain intermittent leave, an employee must present a
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Ask for a second opinion. If the employer has reason to doubt the validity of the initial certification, a second opinion may be requested. The employer must pay for the second opinion and must not choose a doctor that is regularly used by the Company. If the first and second opinions differ, a third opinion may be
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