Understanding Intermittent FMLA Paperwork
Applying for Family and Medical Leave Act (FMLA) leave can be a daunting process, especially when dealing with intermittent leave. If you're considering an intermittent FMLA leave, understanding how to handle the paperwork is crucial for a smooth experience.
Intermittent FMLA leave allows employees to take leave in separate blocks of time due to a single qualifying reason, rather than one continuous period. Here's what you need to know:
- What is Intermittent Leave? Intermittent leave refers to time off work for medical appointments, periodic treatments, recovery from a serious health condition, or to care for a family member with a serious health condition, in non-consecutive increments.
- Eligibility Criteria: To qualify for intermittent FMLA, you must have worked for your employer for at least 12 months, worked at least 1,250 hours during the 12-month period immediately before the leave, and work at a location where your employer has 50 or more employees within a 75-mile radius.
Key Steps for Completing Intermittent FMLA Paperwork
Here's a step-by-step guide on completing the paperwork required for intermittent FMLA:
1. Employer Notification
- Notify your employer of your intent to take FMLA leave. This can be done verbally or in writing, but it's wise to document it in writing for your records.
- Employers generally have a 30-day notice requirement unless the leave is not foreseeable.
2. Employee Request for Leave
Submit a written request for FMLA leave. Ensure it includes:
- The reason for the leave, specifying whether it's for your own health condition or to care for a family member.
- An estimate of the leave's duration, whether it's a specific date range or ongoing with intermittent absences.
3. Certification from Healthcare Provider
Your employer will require medical certification from a healthcare provider:
- Your doctor will need to fill out the Department of Labor (DOL) WH-380-E form for your serious health condition, or WH-380-F for a family member's condition.
- Provide detailed information about the medical necessity for intermittent leave, expected treatment schedule, and potential for future absences.
- Ensure that the certification includes the healthcare provider's contact information for your employer to follow up if needed.
4. Employer's Review Process
Your employer will review the documentation:
- They may ask for additional information or clarification from your healthcare provider.
- If the certification is incomplete or insufficient, your employer has seven calendar days to inform you of what's needed to make it complete.
- Once approved, your employer should designate the leave as FMLA-protected.
5. Reporting Intermittent Leave
After the paperwork is sorted, you must:
- Notify your employer each time you take intermittent leave, often in advance if foreseeable.
- Follow the company's call-in procedures for intermittent absences.
- Keep track of your FMLA leave hours to ensure you don't exceed your allotted 12 weeks per 12-month period.
🔎 Note: Always have backup documentation for your absences to support your case if needed.
Common Issues and Troubleshooting
Here are some common issues you might encounter and how to address them:
- Conflicting Medical Opinions: If your employer requires a second or third opinion, your leave remains pending until the opinion supports your need for leave.
- Recertification Requests: Your employer can request recertification at least 30 days after the initial certification or if the circumstances described by the original certification change significantly.
- Disputed FMLA Eligibility: If your eligibility for FMLA is questioned, review your work history with HR to ensure accuracy in hours worked, tenure, and location.
To summarize the key points covered:
- Intermittent FMLA leave allows for non-consecutive time off work.
- Proper documentation and timely communication with your employer are essential.
- Medical certification should detail the need for intermittent leave, and your employer may seek additional information.
- Maintain records of your FMLA leave to ensure you're within the limits.
Handling intermittent FMLA paperwork can seem overwhelming, but with this guide, you should feel better equipped to navigate the process. Remember, the law is designed to protect your rights and ensure a balance between work and personal health needs or caregiving responsibilities. It's about taking time to heal, care for others, and return to work when you're ready.
What is the difference between FMLA and intermittent FMLA leave?
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FMLA provides for a continuous block of time off work, whereas intermittent FMLA allows employees to take leave in separate blocks or on a reduced leave schedule due to a qualifying condition or caregiving needs.
Can my employer ask for more medical documentation after initial certification?
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Yes, your employer can request recertification if there are changes in circumstances or if the original certification has expired. They must give you a reasonable amount of time to provide the additional documentation.
How do I track my intermittent leave hours?
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You can keep a personal log or use a calendar. Many employers also have systems where FMLA hours are tracked. Keep records of time off, appointments, and any documentation from healthcare providers.
What if I use up my 12 weeks of FMLA leave?
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Once you’ve used the full entitlement of FMLA leave, you might have to return to work if your employer can accommodate you. Alternatively, you may be eligible for other forms of leave under company policy or state law, or you might look into disability benefits or short-term leave.
