I represent a California employer.
We have recently found out that we have the right to require "probable duration" for intermittent leaves and do not have to allow leave on an "as needed" basis. One of the problems I've come across is that some physicians do not understand the definition of "probable duration". If they are not willing to complete the medical certification with this information, what do we as the employer do? We are aware that the need for intermittent leave is legitimate, but we must remain consistent with all employees and request the same information from all. I've even went as far as providing the employee with a letter to his/her physician explaining the request. One Dr. said that they can't note the amount of time the employee may be out to care for his/her parent because if they are audited and the patient is not seen in the office that many times per week/month then they may be fined. I've explained that it's not necessarily the amount of office visits, but the number of times the patient is incapacitated and needing the employee's assistance. The patient’s medical history would determine the “probable duration”. If there is a legitimate need for intermittent leave and the physician is simply refusing to provide the information because they are not fully aware of the meaning of “probable duration,” would the employee be correct to mention taking legal action against the physician? Would the employee have a case?

