Employer Law Blog

The Family Medical and Leave Act in part requires an employer to permit an eligible employee to take a leave of absence arising from the serious medical condition involving the employee’s spouse. When Congress enacted the FMLA in 1993, no state had recognized a same-sex marriage. Consequently, the definition of a spouse for FMLA purposes was uncomplicated and uncontroversial.

An employee who complained of a major headache left work and went to a local health care clinic where a physician assistant diagnosed the employee with high blood pressure. The physician assistant provided the employee with a signed note indicating he could return to work in four days.

FMLA eligible employees can take up to 12 weeks of unpaid leave during a 12-month period. But, the question is – which 12 month period?

Sandberg Phoenix Employment Law Attorney Courtney Cox takes a look at some of the most frequently asked questions when it comes to reduced schedules and FMLA intermittent leave.

The U.S. District Court for the District of Oregon has recently held that it may be a violation of the Family and Medical Leave Act for an employer to seek medical certification for each incident of FMLA approved intermittent leave. The Act permits an employer to request recertification every 30 days of leave time.