Once you have sufficient information from your employee to determine whether the absence qualifies under FMLA, then you send your employee a Designation Notice.If you don’t send these notices to your employees, you risk an FMLA violation. In Scott’s situation, he didn’t receive a proper Notice of Eligibility.That said, intermittent FMLA leave continues to be a challenge in the workplace. And many more will simply be confused about what they are and aren’t entitled to.They may take leave they’re not entitled to, or assume that it won’t count against their sick leave or vacation time, or think they can use it for the wrong purposes.
When Robert failed or refused to provide doctor’s notes to confirm he actually attended the therapy sessions, he was disciplined. For this court, when the employer required a doctor’s note for every FMLA-related absence — doctor’s appointment or not — it was tantamount to requesting re-certification over and over again. Antti (pdf) Insights for Employers So what do we do now?
A guy hurt his back and needs therapy three times a week between 9 a.m. A woman has to leave two hours early twice a week to take her elderly father to the doctor.
Once employees get approved for intermittent leave, it’s tempting to for bosses to accept it as status quo.
This would be entirely helpful, as it ensures that the employee actually attended the appointment and was absent from work for a legitimate reason.
Much to my chagrin, the courts don’t agree with me.