Q: “I have questions on two FMLA cases:
1. An executive manager (a 'key' employee) had rotator cuff surgery. She is a 24/7-accountable, exempt employee. FMLA leave was offered, it was approved and it required four weeks of continuous leave. The manager returned after two weeks. Her physician released her with minor restrictions. She has been having therapy for the shoulder but did not take time off and has not been offered intermittent FMLA leave. At what point should we turn it into intermittent leave, and does her therapy time count towards this leave?
2. Another executive, but not a 'key' employee, broke her wrist and was out three days. FMLA paperwork was sent, but she returned with a doctor’s note to the effect that she was released with some restrictions. She never provided medical certification and she has not missed work except for therapy. Is her FMLA claim denied since she returned after three days and provided no certification paperwork, just the physician’s return-to-work note?” – DEW, Ohio
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