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Intermittent leave

Coffee Break: HR Minute

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In Coffee Break episode 24, Chris and Jennifer look at some of the issues employers must keep in mind when it comes to intermittent leave under the FMLA and CFRA.

When an employee does not qualify for FMLA/CFRA medical leave

Employers shouldn’t neglect their documentation obligations

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When an employee requests a medical leave, a covered employer’s first concern is determining whether the employee qualifies for protected leave under the Family Medical Leave Act and California Family Rights Act. If the employer determines that the employee does not qualify for such leave (for example, the employee has less than a year of service or has not worked the requisite number of hours) the employer may let down their guard and not issue any leave paperwork to the employee. This is a mistake.