It is important to note that the employee need not mention FMLA when requesting leave. It is the employer's responsibility to determine his or her eligibility and proceed accordingly.
Medical Certification
You are permitted to obtain certification regarding the nature of the condition, the date it began, and its expected duration. This holds true whether the individual with the serious health condition is the employee or an immediate family member. If the leave is to care for an ill relative, you may additionally request evidence that such care is required.
The employee can be further obliged to provide periodic status updates and, if the validity of the certification is in doubt, obtain a second opinion at the company's expense. If a conflict is found to exist, the opinion of a third physician is considered final and binding.
You may also require a medical release upon the employee's return to work.
Non-Continuous Leaves
In some cases, leave may be taken intermittently or as part of a reduced work schedule.
- Intermittent leave is time taken for a single illness or injury in separate periods rather than one continuous block of time. An example of this type of leave is occasional three-day absences for chemotherapy treatments.
- Reduced schedule leave means that the employee is working less than his or her normally scheduled hours. An example of this type of leave is an individual returning to work part-time - with the intention of gradually resuming a full-time schedule - after recovering from a heart attack.
In both cases, only the employee's actual time off, based on his or her normal work schedule, is counted toward FMLA entitlement. Furthermore, employers are generally required to honor such requests only in situations of medical necessity and, in the case of adoption or foster care, pre-placement meetings, counseling sessions, court appearances, etc.
Benefits and Compensation While on Leave
The employee is entitled to uninterrupted health insurance coverage while on leave, provided that he or she continues to pay his or her portion of the premium. While the employer is not required to maintain other benefits - such as life insurance - for the duration of the leave, these must be restored upon the employee's return to work.
FMLA leave is generally unpaid. As an employer, however, you may either require employees - or give them the option - to use paid time off (e.g., vacation, personal days, sick days, etc.) concurrent with the leave. This "substitution of paid leave" does not in any way extend the 12-week FMLA period.
