HR Pulse - Winter 2007 - (Page 26) >> FMLA’S INTERMITTENT LEAVE PROVISION progressed to pneumonia, then this is the type of incapacitating condition within the FMLA’s contemplation.”vi Other suggested improvements regarding the definition of a serious health condition included: • Changing the period of incapacity from three calendar days to three business days • Requiring that “treatment two or more times by a health care provider” occur during the period of incapacity • Increasing the minimum number of days an employee needs to be incapacitated to qualify for a serious health condition. Regarding transferring to an alternate position, suggestions include revising the wording to permit employee transfers in the case of either foreseeable or unforeseeable leave, allowing the transfer to become permanent when the employee’s schedule cannot meet the employer’s need and reassigning an employee “…after a specified period of unscheduled intermittent leave, such as two or three months. Reassignment could be conditioned on the employer’s determination that unscheduled leave could not be continued without jeopardizing the essential functions of the job.”vii Tightening up on the definition of “serious health condition” and allowing more flexibility with transfers would certainly minimize the impact intermittent leave has on employers. But we now know that the DOL acknowledges that the intermittent leave provision is the source of the greatest friction between employers and employees when it comes to FMLA, and that it is the department’s own interpretations of the original provisions that are complicating the matter. This acknowledgement gives us hope that a focused advocacy effort across like-minded groups can lead to meaningful change. n Jeff Payne is vice president of human resources at Lakeland Regional Medical Center in Lakeland, Fla., and chair of the ASHHRA Advocacy Committee. He can be contacted at Jeffery.Payne@lrmc.com. i ii iii iv v vi vii Executive Summary, General Overview of the Report, page iv Executive Summary, The Department’s Observations Regarding the Comments, page v Chapter IV, Unscheduled Intermittent Leave, page 29 Chapter IV, Unscheduled Intermittent Leave, page 39 Chapter IV, Unscheduled Intermittent Leave, page 47 Chapter III, Serious Health Conditions, page 26 Chapter VIII, Transfer to an Alternative Position, page 105 26 HR Pulse Winter 2007 You help create a healthy future for her. Who’s helping you with your financial needs? MetLife Resources can help you plan for a secure financial future. We are focusing on providing financial solutions for health care providers. To request information about our financial products and services, visit us at www.metlife.com or call: Ty Minnich National Executive Director Case Acquisition & Development 732-652-1268 © 2007 Metropolitan Life Insurance Co., New York, NY 10166 MetLife Resources is a division of Metropolitan Life Insurance Company, New York, NY 10166 MLR19000235001 L0605LK98(exp0608)MLR-LD 0603-0574 © UFS For the if in life. 322983_MetLife.indd 1 3/13/07 9:07:06 AM
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