HR Management & Compliance

Curbing Intermittent Leave Abuse in California

For employers, one of the most frustrating aspects of family and medical leaves is guarding against employee abuse of intermittent and reduced-schedule leaves.

Often, an employee will call in or request to leave early, citing the need to take approved intermittent leave, when the employee’s serious health condition is not the real reason the
employee wants the time off.

Although California employers cannot require employees to present a new medical certification for each instance of intermittent leave taken, you can take steps to help curb abuses. Here are 3 ideas:

1. Track Intermittent Leave Absences

First, you should track each intermittent leave absence against the medical certification the employee initially submitted.

For example, if the medical certification indicates that the employee will need to be absent one day a week for six weeks to undergo medical treatment, the leave taken by the employee should be reviewed to ensure that the employee doesn’t take more than one day each week or extend the leave beyond the six-week time period without obtaining additional medical certification.


How to get the info you need to properly designate FMLA/CFRA absences—webinar next week!


2. Require Employees to Reassert

Second, you should make use of the 2009 rules that require an employee to reassert the specific condition for which intermittent leave is being taken for each absence.

Thus, if an employee has approved intermittent leave relating to a serious knee injury, you should make sure that when the employee requests two days off, the employee
verifies that the time off is related to the knee injury.

3. Remember the “Unduly Disrupt” Rule

An employee who is planning medical treatment must consult with his or her employer and make a reasonable effort to schedule the leave so it doesn’t “unduly disrupt” the employer’s operations. If an employee neglects to consult with you, you may initiate the discussion.

Similarly, when an employee needs medically necessary intermittent or reduced-schedule leave, you and the employee must attempt to work out a schedule that meets the employee’s needs without unduly disrupting your business.
In both cases, the schedule is subject to healthcare provider approval.

Tomorrow, we’ll look at intermittent leaves under the workers’ comp and disability laws. We’ll also tell you about a webinar you won’t want to miss next week—specifically for California employers.

Download your free copy of Notice Requirements for CFRA and FMLA: California Labor Laws today!

2 thoughts on “Curbing Intermittent Leave Abuse in California”

  1. Thanks for the reminder about the reassertion requirement. I think you want to be sure to mention the rule when doing so, though–otherwise the employees might think you’re harassing them or retaliating.

  2. Thanks for the reminder about the reassertion requirement. I think you want to be sure to mention the rule when doing so, though–otherwise the employees might think you’re harassing them or retaliating.

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