Intermittent Fmla Leave Rights

Summary

Under the Family and Medical Leave Act (FMLA), a certification by a healthcare provider is required for leave. In New York State, if an employer requests recertification, the employee should provide it. However, the employer cannot dictate the terms of the leave if it contradicts the healthcare providers certification. If the provider certifies intermittent leave, the employer generally must respect it. If the employer isnt requesting recertification, the existing certification for intermittent leave should stand. If the employer is denying FMLA leave based on this, the employee could consider seeking legal advice. The employer cannot unilaterally decide the terms of the leave. If the healthcare provider has certified intermittent leave and the employer is only offering continuous, this could be a violation. Legal advice may be necessary.

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In New York State, an FMLA leave request requires a certification from a healthcare provider. It should include:
- The date the condition began
- Its probable duration
- Appropriate medical facts
The doctor's signature is important, but they should provide the information above.
In this situation the employee was already approved for intermittent FMLA the employer feels FMLA should be continuous the employee wants it to be intermittent and their medical provider agrees
Under the FMLA, the choice between intermittent and continuous leave is generally up to the employee and their healthcare provider. If the provider supports intermittent leave and it's medically necessary, then the employer must typically accommodate this.
If the employee writes a letter stating they feel their FMLA leave should be intermittent due to their medical condition and states that their provider agrees would the provider need to submit an additional letter as well?
Yes, under the FMLA, it is advisable for the healthcare provider to provide a separate, updated certification stating that intermittent leave is medically necessary. This can help avoid potential disagreements with the employer.
Even if the employee already has an intermittent certification?
If the employee already has a certification for intermittent leave, they typically won't need a new one unless the employer requests recertification or the employee's condition changes significantly.
The employer is requesting recertification but is denying the employee FMLA leave unless it’s continuous and not intermittent
In New York State, if the employer requests recertification, the employee should provide it. However, the employer cannot dictate the terms of the leave if it contradicts the healthcare provider's certification. If the provider certifies intermittent leave, the employer generally must respect it.
The employer isn’t requesting recertification
If the employer isn't requesting recertification, then the existing certification for intermittent leave should stand. If the employer is denying FMLA leave based on this, the employee could consider seeking legal advice.
What if the only certification option the employer is offering is continuous
Under the FMLA, the employer cannot unilaterally decide the terms of the leave. If the healthcare provider has certified intermittent leave and the employer is only offering continuous, this could be a violation. Legal advice may be necessary.
What an example of a letter that an employee can write that explains why they need intermittent leave and not continuous
Below is a sample structure for such a letter:
Subject: Request for Intermittent FMLA Leave
Dear [Employer's Name],
I am writing to request intermittent leave under the Family and Medical Leave Act due to my medical condition. My healthcare provider agrees that intermittent leave, rather than continuous, is medically necessary for my situation.
[Here, include details about the medical condition and how intermittent leave would accommodate it.]
Thank you for understanding.
Sincerely,
[Your Name]
Can I put due to the nature of my condition?
Yes, you can mention "due to the nature of my condition". It's essential to provide as much detail as possible without sharing sensitive information. The purpose is to help the employer understand why intermittent leave is necessary.
What if I write this
Sure, I'd be happy to help you draft your letter. Could you provide me with a brief outline of what you plan to write? This will allow me to provide you with the most accurate advice.
Due to the unpredictable nature of my medical, it is not feasible to predict when episodes may occur or how long they may last. Therefore, an intermittent FMLA certification by is the most appropriate accommodation to ensure that I can receive the necessary medical care while minimizing disruption to their work duties.
That sounds like a good start. You might consider adding the following:
- Mentioning your medical provider agrees with this intermittent leave arrangement.
- Stating your commitment to minimizing disruptions to your work duties.
- Requesting their understanding and cooperation in this matter.
Remember, this advice is general in nature, and you might want to seek specific advice from a legal professional.
Due to the unpredictable nature of my medical, it is not feasible to predict when episodes may occur or how long they may last. Therefore, an intermittent FMLA certification by is the most appropriate accommodation to ensure that I can receive the necessary medical care while minimizing disruption to their work duties. My medical provider also agrees with this as stated in the letter he provided on */*/*
That's a well-written letter. It clearly expresses your need for intermittent FMLA leave and references your medical provider's agreement. It also shows your consideration for minimizing work disruptions. Remember, it is always beneficial to consult with a legal professional for personalized advice.
Can I mention how making me take continuous leave or certify for continuous FMLA leave would be a determent to my health
Yes, you can mention how taking continuous leave could affect your health. Be sure to explain why and how, as it would provide a clearer picture to your employer. Remember to consult a legal professional for personalized advice.
I am writing to address the recent request for a continuous FMLA claim for my medical condition. It's important to clarify that under the Family and Medical Leave Act (FMLA), the determination of leave type rests with the employee in consultation with their healthcare provider. After thorough consideration and consultation with my medical provider, it has been determined that intermittent FMLA leave is the most appropriate and effective means of managing my health needs. My condition necessitates periodic treatments and accommodations that cannot be adequately addressed through continuous leave. Enclosed, please find a letter from my medical provider affirming their agreement that intermittent leave is the best course of action for my health. Mandating a continuous FMLA claim would not only be unlawful but also detrimental to my well-being. I respectfully request that my FMLA certification be honored in its original intermittent form to ensure I can receive necessary medical treatment while fulfilling my responsibilities at work. Thank you for your attention to this matter. I trust that you will comply with FMLA regulations and respect my right to take intermittent leave as medically necessary.
Your letter is well-written and addresses all necessary points. It emphasizes your need for intermittent FMLA leave, cites the agreement of your healthcare provider, and outlines the negative impact of continuous leave on your health. Remember to consult with a legal professional for personalized advice.
If you have an intermittent claim and the employer says they won’t apply your leave to your intermittent claim because they don’t feel the leave is intermittent due to you being out for * weeks coming back then being out for a day then half a day then two days then 4 days is that valid?
Under the FMLA, intermittent leave is permitted when medically necessary. If your healthcare provider certifies this, the employer generally cannot refuse to apply your leave to your intermittent claim. Seek legal advice if your employer denies this right.
My absences from */*/* to */*/* are related to my intermittent FMLA certificate, and should be applied to this certification which is claim #C304030680700263TC. If these absences are to be denied and not covered under this certificate, I would like a denial letter sent to me, stating the reason for the denial and why it’s not approved under this certification. (claim #C304030680700263TC) I’ve reported this to Verizon and I’m reporting it to Sedgwick in writing since it was already done verbally. How is this message?
Your message is detailed and clearly states your situation and request. It is important to keep records of such communication. If your rights continue to be denied, consider seeking legal help.