This blog explores the contours of The Family and Medical Leave Act (FMLA) and its two different types of leave. It also highlights the intersection of employee and employer obligations as well as potential violations on behalf of the employer. FMLA is a federal law enacted in 1993 that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA is designed to help employees balance work and family responsibilities while maintaining job security. There are two primary types of FMLA leave: intermittent and continuous. Understanding these types, the certification requirements, and how employers may potentially violate employees’ FMLA rights is essential for both employees and employers.

Continuous vs. Intermittent FMLA Leave

Continuous leave refers to an extended period of time away from work without interruption. This is typically used when an employee experiences a serious health condition, undergoes surgery, or is caring for a family member with a condition that requires consistent attention over a period of weeks or months. For example, an employee who needs six weeks off for recovery following childbirth would use continuous leave.

Intermittent leave, on the other hand, is taken in separate blocks of time due to a single qualifying reason. It can include taking leave for a few hours or days at a time for medical appointments, flare-ups of chronic conditions, or ongoing treatment. For example, an employee with a condition such as migraines or asthma may need to take a few hours or days off sporadically. Intermittent leave can also be used for planned treatments such as physical therapy or chemotherapy.

Employers must accommodate intermittent leave if it is medically necessary. However, they may require that employees make reasonable efforts to schedule leave to minimize disruption. When intermittent leave is unpredictable, employers may find it more difficult to manage staffing, but the law still protects the employee’s right to take such leave.

Medical Certification and Recertification

To qualify for FMLA leave, an employer may require the employee to submit a medical certification from a healthcare provider. This form verifies the serious health condition of the employee or their family member and is crucial for the approval of FMLA leave. The employer must give the employee at least 15 calendar days to obtain and return the completed certification.

Recertification may be required by the employer under certain conditions:

1. Every six months: An employer may request recertification every six months in connection with an absence, even if the original certification indicated a longer duration.
2. Changed circumstances: If the employee’s pattern of absences or the duration/frequency of leave deviates from what was originally certified, the employer may request recertification.
3. Doubt of validity: If there is reason to doubt the legitimacy of the original certification, the employer may request a second or third opinion at their own expense.

Employers are not allowed to request recertification more often than allowed by law, and they must respect the privacy and dignity of the employee throughout the process.

Violations of Employee Rights

FMLA protects employees from retaliation or interference with their rights. Common ways employers may violate the FMLA include:

• Denying leave to an eligible employee.
• Failing to reinstate the employee to the same or an equivalent job after leave.
• Retaliating against an employee for requesting or taking FMLA leave, such as by reducing hours, assigning less favorable tasks, or terminating employment.
• Discouraging employees from taking leave or requiring unnecessary documentation.
• Improper handling of certification: such as demanding excessive medical details, denying leave due to incomplete forms without allowing time to correct, or contacting the employee’s doctor directly without proper procedures.

Employees who believe their FMLA rights have been violated can file a complaint with the U.S. Department of Labor or pursue legal action.

In conclusion, understanding the differences between intermittent and continuous FMLA leave, the requirements for medical certification and recertification, and the protections afforded under the law is critical. Employers must handle FMLA requests with care and legality, while employees should be aware of their rights to ensure fair and lawful treatment in the workplace. If you think your rights have been violate dunder the FMLA, please contact an employment law attorney.