6 things HR should know about intermittent FMLA leave

Core Insights - The article discusses the complexities and challenges employers face regarding the Family and Medical Leave Act (FMLA), particularly concerning intermittent leave and mental health issues [5][4]. Group 1: Mental Health and FMLA - There is a growing concern among employers about the appropriate use of FMLA leave for mental health issues, which are often not visibly apparent [2][3]. - Data from ComPsych indicates that 11% of all leaves taken in the first quarter of 2024 were due to mental health reasons, marking a 22% increase from the same period in 2023 [3]. Group 2: Employer Considerations - Employers should adopt an employee-centered approach when dealing with FMLA leave, fostering sincerity in communication to encourage similar responses from employees [4]. - Clear policies regarding call-in requirements, certification obligations, and check-in procedures are essential for effective management of intermittent leave [6]. Group 3: Certification and Compliance - Employers often fail to adequately request or follow up on vague medical certifications, which can lead to issues in verifying the need for intermittent leave [7][10]. - The U.S. Department of Labor allows employees 15 calendar days to obtain a certification, and employers should be cautious about denying leave requests if certifications are late, especially if the employee is making a reasonable effort [11][12]. Group 4: Communication and Scheduling - Employers should establish a tight timeframe for employees to report their need for intermittent leave to prevent misuse [14]. - Expectations regarding the scheduling of medical treatments should be communicated clearly, allowing for reasonable efforts to minimize disruption to the employer's operations [16]. Group 5: Managerial Training - Proper training for managers is crucial to avoid missteps that could lead to legal issues regarding FMLA leave [17].