Intermittent FMLA

I work in my company's HR department. We approved an employee's intermittent FMLA leave last September. It wasn't well documented at the beginning and the employee is almost out of the allotted time now. The issue is that she continually waits until an hour or two before her shift to call in. Last month she worked 47 hours instead of her scheduled 160, with less than 3 hours notice on each absence. We feel it's detrimental to our business since we do not have sufficient time to schedule coverage. On her paperwork the doctor wrote that she does need a reduced schedule but refuses (and I've sent the paperwork back) to estimate the medically recommended schedule or estimate a normal amount of absences. So the question is. Can we force her into a reduced schedule of our liking OR can we require that she take her remaining FMLA time all in one chunk? Or do I just deal with it until her time is up?

Dear C#

Welcome to CiteHr.com !!

Your query relates to the Family and Medical Leave Act of 1993 (FMLA) of the USA.

You might like to go through the US Department of Labor website : Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor

You may find the following information helpful :

Intermittent/reduced leave schedule:

(Q) Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee’s schedule?

When it is medically necessary, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation.

Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.

(Q) Can an employer change an employee’s job when the employee takes intermittent or reduced schedule leave?

Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as not disrupt the employer’s operations, subject to the approval of the employee’s health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.

I regret that I am constrained to give you more information or authoritative guidance on the subject, as my expertise is restricted to the Indian Labor laws.

I do look forward to more responses from the experts.

Warm regards.