Managing employees on intermittent leave under the Family and Medical Leave Act, and determining the eligibility and duration of intermittent leave, are certainly among the most vexing issues facing employers under any of the federal employment laws. Employers often feel as though they are powerless to manage intermittent leave and are perplexed by the FMLA’s eligibility requirements.
In Davis v. Michigan Bell Telephone Co. , the 6th U.S. Circuit Court of Appeals approved an approach to FMLA eligibility that might be of assistance to employers in this regard.
