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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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chapter 9 | managing an employee’s leave | 197<br />

Managing Intermittent <strong>Leave</strong><br />

Intermittent or reduced-schedule leave poses some unique managerial<br />

challenges. You and the employee might not know how long the employee’s<br />

need for leave will last, when the employee will have <strong>to</strong> take time off, or even<br />

whether the employee will show up for work the next day. <strong>The</strong> can present<br />

some challenges when you’re trying <strong>to</strong> make sure that the work gets done.<br />

Scheduling<br />

Employees who need intermittent or reduced-schedule leave must try <strong>to</strong><br />

schedule leave in a way that does not disrupt your company’s operations. If<br />

the employee knows he or she will need intermittent or reduced-schedule<br />

leave, the employee should give you a proposed schedule of leave and try <strong>to</strong><br />

arrange <strong>to</strong> take time off in a way that accommodates the company’s needs.<br />

Of course, this will be easier when the employee needs leave for treatment<br />

rather than for episodic flare-ups of a serious health condition.<br />

This doesn’t mean that the company has the right <strong>to</strong> ve<strong>to</strong> an employee’s<br />

leave schedule, however. <strong>The</strong> employee’s health care provider will ultimately<br />

decide whether treatment or leave can be rescheduled or not. If the health<br />

care provider won’t approve a change, you may not insist on it.<br />

Ex<strong>amp</strong>le: Marcos needs weekly physical therapy for neck injuries from a car accident.<br />

Marcos tells you that he needs <strong>to</strong> be out for two hours every week for at least<br />

twelve weeks. You and Marcos agree that he will try <strong>to</strong> schedule the therapy for the<br />

late afternoon, when plenty of his coworkers will be available <strong>to</strong> handle his workload.<br />

When Marcos calls <strong>to</strong> schedule his treatment, he learns that there are no available<br />

late afternoon slots for a couple of months. Marcos’s doc<strong>to</strong>r says that he must begin<br />

physical therapy immediately or risk permanent damage. In this situation, can you<br />

insist that Marcos wait for an afternoon appointment?<br />

No. Marcos’s doc<strong>to</strong>r has the last word, and treatment must start immediately. You<br />

should work with Marcos <strong>to</strong> figure out which of the available time slots would be<br />

least disruptive for the company.

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