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Practices for Management of Intermittent Leave

The Family and Medical Leave Act (FMLA) is a federal law that mandates employers must provide employees up to 12 weeks of unpaid leave to care for a new child and certain family members. The FMLA was established by the United States Congress in 1993 and requires group health benefits to be maintained during the leave as if the employees continued to work.

 

Entitlement to Intermittent Leave

 

FMLA usually allows eligible employees to take a maximum of 12 workweeks of leave in any 12-month period for the following reasons:

 

  • When an eligible employee’s own serious health condition makes it difficult to perform the essential functions of his or her job.
  • The birth of a child.
  • The placement of a child for foster care.
  • When an employee’s spouse, registered domestic partner, or another family member has a serious health condition.
  • When the actual or impending military deployment of a family member makes it difficult for the employee to perform the essential functions of his or her job.

 

FMLA leave is unpaid, but employers must continue to provide employees with health coverage (including group insurance plans) during the leave period. If the employer is using a short-term Disability Insurance (SDI) policy for continuing coverage, it is required by the Federal Unemployment Tax Act (FUTA) to also continue to pay SDI benefits during FMLA leave.

 

Both the FMLA and the ADA require employers to provide reasonable accommodations to eligible employees and job applicants with disabilities. When determining if accommodations are reasonable in relation to other employees and job applicants, the employer must consider the same factors as the employee or job applicant. To assist employers, the Department of Labor has provided a policy brief that provides a framework for determining when accommodation is reasonable.

 

Best Practices for Management of Intermittent Leave

 

The FMLA is a federal law that applies to most employers with 50 or more employees. In general, employers must allow an eligible employee to take up to 12 weeks of unpaid leave for a qualifying reason. 

 

Here are some tips that employers and employees must practice for the management of intermittent leave:

 

  • Have Clear Written Policies and Practices: Having clear written policies and practices for employers and employees before and during the leave period can help ensure compliance and easier administration. It is essential to have the policies and practices in place before an employee takes leave. This allows an employer to identify all the issues that may arise, such as how to notify employees, how to track an employee’s activity, and how to handle sick leave.
  • Educate, Engage, and Communicate: There is a lot of misinformation surrounding FMLA. Many employers think of FMLA leave as a perk that allows employees to take time off for something like surgery or childbirth, but it can have a much deeper meaning for other employees. FMLA leave is vital to businesses that have employees on leave for periods of time longer than those required by FMLA. It is important to promote communication with employers regarding intermittent leave. 
  • Be Organized: Managing FMLA leave can be uncomplicated when a person handles it for organizational objectives. Employers are boosted to provide education and support to ensure that the employees are equipped to handle day-to-day issues. 

To know more about Intermittent FMLA Leave, attend the Compliance Prime webinar.

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