Nearly two decades ago, the Department of Labor noted that intermittent leave was the "single most serious area of friction between employers and employees seeking to use FMLA leave." And while much has changed since the 2007 report was issued, the challenges related to intermittent leave have largely stayed the same.

There are several reasons for this. First, the unpredictable and sporadic nature of intermittent leaves makes them difficult to track with laborious and time-consuming documentation. Second, these leaves have a high potential for misuse by employees. A recent online survey of more than 300 absence management professionals by my company, ComPsych, found more than a third (34%) said managing potential overuse was the most challenging part of intermittent leaves, with another 20% saying the hardest part was handling possible fraudulent use! The unfortunate reality of employee misuse can increase staffing costs while weakening the morale of other workers. When you combine all this together, it is easy to see why intermittent leaves are an area of "friction," as they pose logistical and compliance challenges that can impact teams, productivity and eventually profit.

So what are HR and legal teams to do? Despite these difficulties, all organizations must remain compliant, or they run the risk of legal repercussions such as those seen in Render v. FCA US, LLC where an employer's (and third-party administrator's) instructions on intermittent leave led to a judgment against them. Here are four guidelines I recommend following to reduce your headaches while staying compliant.