Keep the FMLA documentation flowing, says attorney Stacie Caraway—You want to be able to show multiple times that you advised the employee of his or her obligations.

If you use a cover letter with your DOL designation notice, Caraway suggests it include the following:

  • Leave status update/reminder.
  • If planned intermittent FMLA leave is being approved (either alone or along with unplanned intermittent leave), state that the employee will be required to work with his or her supervisor in order to coordinate the planned leaves in advance.
  • State the rules for intermittent leave. (Employees on intermittent leave tend to think that they can come and go as they please, so explain what the rules are).
  • Also consider at this time whether, in light of the planned intermittent leave, you want to move the employee to an alternative position (as permitted by the DOL). If so, state this in the cover letter, explaining that this move is temporary and will involve the same rate of pay (per hour) and benefits as the employee’s regular position.
  • If unplanned intermittent FMLA leave is being approved, remind the employee that he or she will still be required to comply with the regular call-in/absence reporting procedures of your company/department unless it is not medically possible to do so.
  • Indicate if there are any special FMLA leave calls required. Make it very clear: Call X at extension XX when X.
  • You may also consider adding the additional provision that merely reporting an absence as “It’s my FMLA” or “I’m sick” will not be sufficient to have an absence covered by their approved intermittent FMLA leave certification. Some employers wait to provide such examples until the employee starts using such flippant phrases. It’s OK either way, says Caraway.
  • Refer to your FMLA policy as a reference and also remind employees to whom they should direct all FMLA-related questions

Be sure to say, “If you need another copy, let us know.”

FMLA Calendar

Establish an FMLA calendar, Caraway says. On it:

  • Record dates of leave
  • Track patterns of absence, like Monday Friday absences
  • Indicate when additional documentation is needed
  • When updates are received, note what their content was, how they were received and by whom

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Recertification

Use your recertification opportunities, Caraway says; they are the tool to use if you question the employee’s use of FMLA leave as compared to his or her current documentation.

If a recertification calls for additional approved leave periods or a changed amount of leave, send an updated letter.

Get a recertification every new 12-month period during which leave is requested. At that time, also reassess the 1250-hour-in-the-past-12-months requirement.

‘I Have No Recollection’

Back up any oral communications about FMLA leave in writing, says Caraway. Otherwise, you won’t be able to refute the most common response in FMLA: “I have no recollection.”

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