FMLA Overuse of Approved Intermittent Absence

When intermittent FMLA is approved, a specific estimated duration and frequency should be indicated on the FMLA Designation Notice. Because this type of leave for flare-ups is often an estimate, an employee may utilize more FMLA than is approved for the calendar year.

First occurrence:
Departmental HR staff may have a conversation with the staff member to determine if the health condition has changed, or if this is anticipated to be a single event of overuse. If the absence is a single event, the absence should be designated as FMLA, and the employee advised of this in written communication, adding a statement that additional overuse may require documentation from a health care provider. If the health condition has changed, provide a health certification and Eligibility Notice to the employee with 15 days to return updated documentation.

Second occurrence:
If the previous conversation has occurred and the department is not aware of a change in the health condition, the Departmental HR Representative may require written documentation from a health care provider stating the additional overuse of FMLA is related to the approved health condition and is in addition to the previously approved duration and frequency. A template letter is available in Forms/Templates, called Confirmation of FMLA Exceeding approval.

Third occurrence:
If previous conversations and the template requiring additional information have been utilized, the department, in conjunction with FSDS, may determine if absences in addition to approved duration and frequency will be designated as FMLA.