California Employment Law
California Employment Law Questions Answered by Legal Experts
No, actually it didn't. Your answer applies to the BIRTH not after the kid is born.
How do I apply INTERMITENT Leave? The employee wants to run out their 12 weeks of FMLA intermittently. How do we manage that?
Is the employee calling all the shots or does the employer have some say since we're trying to run a business and we can't have people coming and going as they please.
I realize that this may place you in a difficult scheduling position -- and that the employee appears to be controlling the situation. Unfortunately, that is simply the way the law is written and interpreted. So, unless you can fit the employee within the above-described exceptions, then if the employee has a valid intermittent need for leave, then you cannot terminate the employee for taking leave -- or you risk legal action by the employee for violation of her rights.
Please don't shoot the messenger. I'm doing the best I can to explain the law. If you need further assistance or clarification, please let me know.
The employee wants to do something like take Monday and Tuesdays for FMLA every week for 12 weeks, and work Wednesdays through Fridays. They aren't being "reinstated" because they never left for a period of time, so to speak (they would be at work every week).
I'm just trying to find out if we have to accept his request for Mondays and Tuesdays or can we say, this week that's OK but next week we need you on those days so take Friday and Saturday.
Believe it or not, I have just discovered an exception related to intermittent leave that will probably make you quite happy. Title 29 Code Fed. Regs. 825.120(b) provides:
In other words, if the leave is being taken for a reason other than a serious health condition related to the employee or child, then you as employer can control the employee's schedule.
Hope this helps.
Thank you - that definitely helps!
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