Can we transfer an employee to a different position if they need to take intermittent FMLA/CFRA leave for medical treatments?
Yes, an employer can transfer an employee to an alternative position during intermittent leave for medical treatments.
Intermittent leave is used commonly for an employee’s or qualifying family member’s serious health condition, and a health care provider may certify leave of weeks, days or even hours for therapy or medical treatments.
If an employee anticipates the need for intermittent leave or leave on a reduced work schedule based on planned medical treatment for the employee or a family member, an employer can require the employee to transfer temporarily to an available alternative position. The
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