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Employers don’t get to choose whether FMLA leave is continuous or intermittent, court says

August 7, 2018

Via: HR Dive

Employers find managing intermittent FMLA more difficult than managing any other federally mandated accommodation, according to a 2017 Littler Mendelson survey. When workers use their FMLA leave on an infrequent basis, employers have to move quickly in keeping track of scheduling and coverage issues.

Also, the unpredictable nature of intermittent FMLA leave can complicate call-in procedures. Employers usually can enforce usual and customary call-in procedures but if the leave is not foreseeable, employees only need to inform the employer as soon as practicable for that particular instance, according to the U.S. Department of Labor’s FMLA regulations. If an individual has multiple intermittent leave types, such as one for care of a parent, child or self, employers can require that the employee specify which approved leave applies to the absence.

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