Intermittent leave abuse? Demand new cert.

If an employee's doctor approves intermittent FMLA for a chronic condition, the person can essentially take time off whenever the condition flares up. Employers typically must wait six months to question intermittent leave certifications. But if you suspect the employee is abusing his intermittent leave, you can (and should) demand recertification sooner.

Recent case: Brandon's doctor filled out an FMLA certification form saying he'd likely need intermittent leave as often as a week per month due to his severe depression. The call-offs began in that pattern, but increased dramatically. At one point, he took 16 days off in a row.

HR asked the psychiatrist to recertify his need for the leave, even though the...

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