For a foreseeable leave, such as a scheduled surgery, an employee must provide 30 days' notice or provide notice as soon as possible and practical under the circumstances. For an unforeseen leave, such as a severe illness, an employee must provide documentation as soon as is possible and practical.

Enforce call-in procedures to see if absences qualify for FMLA protection

When an employee is claiming an absence under intermittent leave, consider asking the following questions to garner enough information to determine if the leave qualifies for FMLA leave:

• What job duties are you unable to perform?

• Have you previously taken a leave for this condition?

• When are you expected to return to work?

Track use carefully

Proper tracking enables employers to provide just the right amount of FMLA leave an employee is entitled to, and can help employers detect patterns that may suggest misuse.

Require completed medical certifications

FMLA permits employers to require employees to provide completed medical certifications within 15 days of the employer's request, barring special circumstances. It's important for employers to ensure certifications are complete and provide sufficient information to understand the employee's leave requirements.

If the certification isn't complete or doesn't provide sufficient information, employers can have the employee obtain any missing information or obtain clarification of vague or confusing responses. If the employee fails to comply, someone other than the employee's direct supervisor can reach out to the employee's health care provider to obtain the information needed.

Ask for re-certifications

Employers may request recertification to determine whether FMLA leave should be extended or if a significant change in an employee's leave usage is the result of a supported change in a medical condition. However, there are parameters for doing so.

An employee's recertification cannot be requested more often than every 30 days. If the initial medical certification indicates that the duration of the condition will last longer than 30 days, an employer must wait until that duration expires before requesting a recertification. However, employers are allowed to request a recertification every six months, regardless of the stated duration. An employer also can request a recertification in less than 30 days if one of the following applies:

• The employee requested their leave be extended

• Circumstances have changed significantly (for instance, if absences increased from two days per month to 10 days per month)

• You learn of information that casts doubt on the employee's reason for the leave

Consider obtaining a second (or third) opinion

If an employer doubts the validity of a certification, the employer can request a second opinion at the employer's expense. If the second provider doesn't agree with the initial certification, then an employer may require a third opinion. The employer and employee must mutually agree on a third provider, who will render the tie-breaker opinion that will be final and binding.

Following these six best practices for proper management of intermittent leave can help your clients avoid the risk of fines, audits or legal action resulting from improperly managed leave.