The Essential Guide to Family & Medical Leave

chapter 9 | managing an employee’s leave | 199
the employee take leave only according to a set schedule: As long as the
employee is otherwise entitled to leave and has (or is caring for someone
who has) a serious health condition, the employee has the right to take
unscheduled time off if it’s medically necessary.
Example: Caroline suffers from Crohn’s disease, a chronic condition that causes
inflammation of the intestines. On occasion, the disease flares up and she has severe
abdominal pain and vomiting that makes it impossible for her to work. If she qualifies
otherwise for FMLA leave, Caroline is likely entitled to take intermittent leave when her
condition incapacitates her, even if she can’t give any notice or “schedule” this time off.
Transfers
If an employee has a foreseeable need for reduced-schedule or intermittent
leave, you may transfer the employee to another position that better
accommodates the employee’s leave schedule or change the employee’s
original position to better accommodate the employee’s need for leave, as
long as the employee still receives the same pay and benefits. If transferred to
an alternative position, the employee must be qualified for the position.
The alternative position need not have the same job duties as the
employee’s original position. However, the company cannot transfer the
employee to a lesser position that could discourage the employee (or others)
from taking leave. For example, a change that dramatically increases the
employee’s commute or moves the employee from the day shift to the night
shift violates the FMLA. If the alternative position is a clear and obvious
demotion, it probably won’t fly.
Example: Roger is a human resources manager for a large hotel chain. He reports
to the company’s headquarters but travels two or three days each week to conduct
trainings for employees in other cities. Roger’s doctor certifies that he will need to
spend four hours per day caring for his son during a ten-week cancer treatment regimen.
The company needs to continue its trainings during Roger’s leave, and Roger can
no longer travel. The company would be within its rights to transfer Roger to a different
position with the same pay and benefits. For example, it might require Roger to
handle compensation and benefits issues, to coach other representatives so they can