“HANDLING” INTERMITTENT FMLA-COMPARABLE TO

HANDLING A “HOT POTATO”

OBJECTIVES OF THIS TRAINING:

•Understand the FMLA requirements for intermittent leave.•Best practices on how to process, track and “manage” FMLA intermittent leaves.•Steps that can be taken to curb recognized abuse (albeit difficult).

FMLA PROVIDES FOR LEAVE FOR A SERIOUS HEALTH CONDITION DUE TO

AN ELIGIBLE EMPLOYEE’S OR QUALIFYING FAMILY MEMBER THAT NOT ONLY INCLUDES A CONTINUOUS LEAVE BUT ALSO INTERMITTENT OR

REDUCED LEAVE SCHEDULE (§825.202 )

https://www.youtube.com/watch?v=ebA_lESQas0

If an employee needs leave intermittently or a reduced leave

schedule for planned medical treatment, then the employee must

make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations.

(§825.203) 

Examples of Intermittent FMLA

Leave Any chronic health conditions Migraine headaches Bad back Asthma Depression/anxiety

FIRST STEPSFIRST STEPSAll employee FMLA leaves should be processed and approved through the campus Human Resources (HR) Office based on verification of eligibility.

Adequate medical documentation must be received in a timely manner (within 15 calendar days of request for medical).

If noted in the medical, estimated frequency and amount of intermittent use should be included in the subsequent designation notice.

When leave is taken, count all related absences and track usage, as managers should on a pay period basis review all use of intermittent leaves.

ENHANCED TIMEKEEPING ENHANCED TIMEKEEPING TRACKING OF FMLA AND TRACKING OF FMLA AND NON-FMLA ABSENCES NON-FMLA ABSENCES

In order to better manage & track an employee’s FMLA continuous or intermittent absences (for self or family member), updated recording mechanisms and drop-down option have been added to KRONOS & Self-Serve.

While all employee FMLA leaves will continue to be processed and approved through the Human Resources (HR) Benefits Leave Office based on adequate medical documentation, managers will be aware on a pay period basis of an employee’s use of unforeseeable intermittent leaves.

If an employee has a designated intermittent FMLA related leave in

place through the HR Benefits Leave Office, they will now be

required to record absences that are attributed to such a leave for themselves or an eligible family member by use of a proper time code on their KRONOS or Self-

Serve attendance record as follows under “Leaves of Absence” (see

Payroll screen shots)

Kronos Timecard Screens

LOA pay code now listed for shift:

Points of InterestPoints of Interest An employee’s failure to properly record absences as

part of an approved intermittent FMLA may result in the denial or delay of such coverage.

Employees will no longer be required to notify the HR Benefits Leave Office of instances of intermittent FMLA absences subsequent to the designation or approval of FMLA; however, managers will still receive a standard e-mail notice from HR confirming an approved intermittent leave.

FMLA inputs on KNONOS/Self-Serve by employees for absences that are not previously approved by the HR Benefits Leave Office will be denied coverage or protection and follow up will be provided to the manager.

Points of Interest Points of Interest (cont.)(cont.)FMLA intermittent call-ins that are a result of

unforeseeable absences require the employee to follow normal customary call-in procedures.

The employee is required to advise at time of call-in if the illness is due to FMLA and if such is for themselves or a family member. Managers may follow up with an employee as to why they are unable to work, and what is the expected duration of the leave.

Instances of intermittent FMLA that exceeds the estimated duration or frequency listed on the initial medical documentation will result in updated medical being requested by the HR Benefits Leave Office.

FMLA Intermittent scenario

Harry Head is a FT Janitor with SUNY and has been employed for 21 years (60 years old). He is 1 of 5 Janitors and supervises 6 Cleaners. Over the last 12 months Harry has been formally counseled for tardiness and was recently issued his 2nd Time & Attendance NOD proposing a $300 fine. Two weeks after receiving his NOD, he slipped and fell at work injuring his back.

FMLA Intermittent scenario (cont.)Harry went out on a medical leave for

the next 2 weeks.

He was cleared for full duty but with an intermittent FMLA requirement to attend Physical Therapy 2-3 Xs a week (Tues, Weds, and Thursdays) and for unpredictable "flare ups" (1-2xs per month) over the next 3 months.

Harry has had to leave work early (2:00 pm) 3xs (his shift ends at 4:00 pm) for PT appts. over the last 3 weeks and has called in 6xs (either on Mon. or Friday) due to “flare ups” during this same time period.

FMLA Intermittent scenario (cont.)Some of Harry's co-workers (Larry,

Curly and Moe) have seen him out at the laundry mat, car wash, and grocery store on days that Harry has called in and reported to his manager that he looked "fine" to them.

Harry is needed to lead his crew of Cleaners and when he is absent, other Janitors have to pick up his assignments. What can his manager due to minimize Harry's intermittent FMLA?

What to Do? Ensure that Harry is issued an FMLA intermittent leave designation notice advising him of his rights & responsibilities under (assuming he qualifies for such entitlement).

This includes following customary departmental call-in procedures (i.e. calling at least one hour in advance of shift) and providing updated medical if he continues to need intermittent leave (beyond 3 months or his condition changes).

When Harry calls in due flare-ups how should his manager handle such

unforeseeable call-ins? If employees out on FMLA leave fails to call in properly when they are absent, it’s OK to deny FMLA leave — as long as there are no unusual circumstances.

Harry's manager have the right to ask employees certain questions that include, (as long as such is consistently apply to all employee call-ins):

what is the reason for the absence (i.e. FMLA intermittent leave);what part of the job can’t you perform (i.e. cannot lift); when do you expect to return to work? (Monday)

What can the manager do based on Harry's scheduled early departures

for PT 3xs a week? You can discuss with Harry to try to schedule his PT either during his lunch hour (so he can the rtw) or after his shift. You can ask, but such medical decisions are ultimately made between Harry and his health care provider. However, based on regularly scheduled medical treatments, you can transfer or reassign Harry to another Janitor position to minimize the negative effect that his absence has on the overall operation.

What assistance can the SIF provide?

Request an IME be completed if Harry's:

absences are excessive or beyond the medical frequency or he complains about not being able to complete the essential functions of his job.

Request surveillance

What happens if Harry's intermittent leave ends & his health care provider indicates

that he has a permanent disability? Is he ADA-protected?

Can he perform the job’s essential functions?Is he eligible for an ERS disability or service retirement, NYSHIP retiree health insurance and/or SSD?

FERRIS BUELLER’S DAY OFF

https://www.youtube.com/watch?v=oqQFTq2FIdY

CURBING ABUSE OR MISUSETraining front line managers on the basics of FMLA and potential abuse.Verify FMLA eligibility §825.110  Required medical certification §825.305   Authentication and clarification of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member; §825.307   Second and third opinions §825.307Fitness for duty or rtw exams §825.312 Surveillance for w/c -related leaves

CURBING ABUSE OR MISUSETrack extent and usage of FMLA absences §825.200   Question employee’s when they call-in for FMLA reasons and enforce standard customary call-in procedures §825.303   Re-certifications for leave taken because of an employee's own serious health condition or the serious health condition of a family member §825.308   Transfer of an employee to an alternative position during intermittent leave or reduced schedule leave §825.204

GOOD LUCK…YOU ARE GOING TO NEED

IT!