Tag Archives: intermittent leave

Must an Employer Pay for Frequent FMLA Breaks?

Is it compensable time when an employee takes frequent, 15-minute breaks each hour due to the employee’s serious health condition? Today, the United States Department of Labor (DOL) answered this question in a hot-off-the-press opinion letter, verifying that FMLA-covered breaks are not compensable. In today’s opinion letter, the DOL confirmed that frequent, 15-minute breaks taken … Continue Reading

Are You Coming In Today? An FMLA Intermittent Leave Toolkit

            Intermittent leave continues to present some of the most exasperating FMLA issues. In March, the San Diego-based Disability Management Employer Coalition (DMEC) issued a white paper showing the findings of its annual 2016 Employer Leave Management Survey, which involved 1,132 U.S. employers of all sizes. According to the Society for Human Resource Management (SHRM), … Continue Reading

Be Wary of Potential FMLA Violation before Terminating an Employee for Failure to Meet Performance Standards During Intermittent Leave

It is well established that the FMLA does not require an employer to reduce its performance expectations for an employee who is taking leave intermittently or on a reduced schedule.  Additionally, during the time the employee is at work, the employee must be capable of continuing to perform the essential functions of the job.  However, … Continue Reading

“Trust, But Verify” Approach to Confirming Employee Need for FMLA Intermittent Leave Rejected

“Trust, but verify,” the Russian proverb used often by former President Ronald Reagan, suggests an approach many employers would welcome when it comes to employee use of intermittent leave under the FMLA. Sure, the employee said he was taking intermittent leave pursuant to his FMLA certification. But can an employer verify that the absence was … Continue Reading

Who Cares? And Who Merely Assists Under the FMLA?

Who cares…..for a covered family member under the FMLA as opposed to merely providing much appreciated assistance? The distinction is critical because absences “to care for” are protected by the FMLA while absences to assist are likely not. Recall our recent post about an employee who took the day off to clean his mother’s flooded … Continue Reading
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