When to continue counting time under FMLA

I have an employee that is currently on medical leave.  Her doctor has listed her as being fully disabled through a particular date and then states she can work from home 4 hrs/day for the next following 30 days. 

If she has never actually returned to work would we continue counting her time off through FMLA?  If she is working, even if not full time,  would the time not working be intermittent FMLA?

 Help! The DOL Wage & Hour Division don't seem to cover this quirk.

Thanks - Rachel

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  • Hi There - If the employee continues to meet the FMLA qualifications, and still have FMLA time left, it sounds as though her leave would be continuous as FMLA. After that, if she still qualifies and has FMLA time available, I would believe it to qualify as intermittent. The working from home piece is an accommodation, so your company will have to decide if that is a reasonable accommodation. Often times it is not considered "reasonable."

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  • Good morning,

    Yes, if she works a partial schedule you would want to track those hours that she is not working as FML.   Allowing her to work from home is an accommodation and you can say yes or no to that if it is not reasonable for your organization.  It may be a good option if she is productive and her work can be measured in some way.  It may also be a benefit to the company to have her working at least part time.  If that is not a good option for you she would need to remain on FML full time until she is able to return to work.  

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