The Essential Guide to Family & Medical Leave

chapter 9 | managing an employee’s leave | 179
By the time an employee actually starts using FMLA leave, you’ve
already done quite a bit of work. You’ve dealt with coverage and
eligibility requirements, handled paperwork and notices, and perhaps
even had to do some math to figure out how many hours the employee has
worked, how much leave the employee can take, and so on. At this point,
you might be thinking that most of your work is done.
There are, however, a few more things on your FMLA to-do list. You’ll
need to provide continued health care benefits while employees are on leave,
follow the rules for employees on intermittent leave, and make sure that
you’ll be ready to reinstate employees upon their return.
In addition to these legal requirements, a number of practical
considerations come to the forefront when employees go out on leave. How
can you make sure the employee’s work gets done? How often should you
communicate with an employee on leave to find out how things are going
and when the employee intends to return to work? What can you do to
ensure a smooth transition to and from leave? And can you ever discipline—
or even replace—an employee on FMLA leave? This chapter explains how
to manage FMLA leave and provides practical strategies for minimizing
disruptions to your company.
Scheduling Leave
When an employee requests time off, you should calendar the employee’s
leave. (Typically, you’ll want to do this as you complete the employee’s
individual notice form, covered in Chapter 7.) Mark the date when the
employee plans to start leave, how long the employee expects to be gone,
and when the employee intends to return. If the dates are uncertain—for
example, the employee doesn’t know exactly when she’ll have to stop
working before having a baby or how long a parent will take to recuperate
from surgery—make your best guess based on what the employee tells you
and the information in the medical certification, if applicable.
As you calendar the employee’s leave, keep in mind the basic scheduling
rules set out below. Now is the time to determine, for example, whether
you will postpone the start of the employee’s leave or ask the employee to