Question

We have an employee who is on intermittent leave under both the Paid Family Medical Leave (PFML) and the Family Medical Leave Act (FMLA).  However, his role really requires a consistent five-day workweek. He’s currently taking intermittent leave 2-3 days a week with no advance notice beyond morning call-outs. Can we transfer him to a similar role that better suits this schedule? The alternative position offers the same pay as his current role.

Answer

You may be able to reassign this employee for the duration of his intermittent leave.  FMLA regulations allow employers to temporarily transfer an employee on intermittent leave to another position, as long as the new position has equivalent pay and benefits.

PFML regulations do not explicitly allow an employer to transfer an employee to a different position to better accommodate a leave.  However, the PFML regulations (454 CMR 2.13(1)) require the employee and employer to attempt to work out a schedule for the leave that meets the individual’s needs without unduly disrupting the employer’s operations.  While this addresses the schedule and not a transfer, it requires the employee and employer to work together to minimize disruption from the leave.

Also, the Department of Family and Medical Leave has indicated that where the PFML does not cover a particular issue, employes may look to the FMLA for guidance.

Resources

If AIM members have questions about intermittent leave or any other HR matter, they may call the AIM HR Helpline at 800-470-627 or helpline@AIMnet.org.

For more complex leave management issues, AIM HR Solutions has a team of experts ready to assist. Whether you need guidance on leave compliance. policy adjustments, or anything else, our specialists are here to help. Contact us at 617-488-8321 or HRInfo@AIMHRSolutions.com for tailored support.