condition will be beyond 30 days, the employer must wait until the minimum duration expires. However, an employer is permitted to request a recertification every 6 months.
FMLA Absences and Attendance Policies One final area of employer difficulty in managing employee leave relates to the interplay between FMLA – related absences and attendance policies. The problem frequently arises where the leave is being taken on an intermittent basis. Legitimate FMLA – related absences from work cannot be considered violations of an attendance policy. However, employers may require employees using FMLA leave on an intermittent basis to comply with the usual absence notice or call-in procedures unless medically unable to do so. Failure to properly give notice of a need to be absent, even if it relates to a serious medical condition for which the employee has been granted intermittent
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
leave, can result in lawful disciplinary action against the employee.
Conclusion As mandatory leave laws continue to proliferate, especially at the state level and perhaps even at the federal
level in the near future, employers will increasingly be confronted with the demanding and sometimes complex obligations that apply under such laws. Consistent compliance will pose an even greater challenge.
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