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Tactics to Control Intermittent Leave Abuse - Checklist

Author: Barton A. Bixenstine, Vorys, Sater, Seymour and Pease LLP

Intermittent leave is probably the number one source of employer frustration about the Family and Medical Leave Act (FMLA), particularly when it involves repeated and sporadic leave of unpredictable duration based on claims of chronic conditions (such as migraines, bad backs, psychological stress, and caring for family members with unpredictable recurrences of some chronic condition of their own) that is taken without advance notice.

While FMLA regulations and court rulings limit an employer's options, the following tactics are available under the restrictions of the FMLA for controlling the abuse of intermittent and reduced work schedule leave. Not every tactic is appropriate and necessary in every situation - each situation must be addressed on its own facts. Special tactics for controlling the fraudulent use and abuse of FMLA leave generally are contained in a separate checklist titled "Steps to Prevent FMLA Fraud."