Understanding When Intermittent Leave May Be Available

Intermittent leave may be available when an eligible employee needs to take separate blocks of time away from work for a qualifying medical or family-related reason covered by the Family and Medical Leave Act (FMLA). Instead of taking several weeks away from work continuously, an employee may be able to take leave in smaller periods, such as a few hours, individual days, or time needed for medical appointments.

Whether intermittent leave is available depends on the reason for the leave, the employee's eligibility, and the employer's coverage under federal law. Understanding the difference between sick leave and FMLA is also important because they are not necessarily the same benefit.

Sick leave may be provided by an employer or required under state or local law, while FMLA provides eligible employees with protected, unpaid leave for qualifying reasons. In some situations, FMLA leave can be taken intermittently rather than all at once.

What Is Intermittent Leave?

Intermittent leave allows an employee to use FMLA leave in separate periods rather than taking one continuous block of time.

For example, an employee receiving regular treatment for a serious health condition may need to leave work for medical appointments. Another employee may experience periodic flare-ups that make it impossible to work on certain days.

Instead of taking several weeks away from work, intermittent leave may allow the employee to remain at work when able and take protected time off when the qualifying need occurs.

When Can Intermittent FMLA Leave Be Used?

Intermittent leave may be available for several qualifying circumstances under the FMLA. These can include an employee's own serious health condition, caring for a spouse, child, or parent with a serious health condition, or certain situations involving military family members.

The medical condition generally must meet the FMLA's definition of a serious health condition. A common cold or occasional minor illness will not necessarily qualify.

Medical certification may be required to establish the need for leave and, in some cases, describe the expected frequency and duration of episodes.

Planned and Unplanned Leave

Some intermittent leave can be anticipated. Medical appointments, therapy sessions, and scheduled treatments can often be planned in advance.

Other absences may happen unexpectedly. A chronic medical condition could cause symptoms that appear without much warning, making it difficult for an employee to predict exactly when leave will be needed.

When the need for leave is foreseeable, employees generally should provide their employer with reasonable notice and work with the employer to schedule planned treatment when practical.

Can an Employer Deny Intermittent Leave?

If an employee meets the legal requirements for FMLA protection and the leave qualifies, an employer generally cannot simply deny it because the absences are inconvenient.

However, there are eligibility requirements. An employee must work for a covered employer and meet applicable requirements, including having worked the required amount of time and hours.

Employers may also require appropriate medical certification and may ask for recertification when permitted by law.

Under 29 U.S.C. § 2612, eligible employees can receive protected leave for qualifying reasons, and the FMLA specifically permits leave to be taken intermittently or on a reduced schedule when medically necessary in qualifying circumstances.

Reduced-Schedule Leave

Intermittent leave is not the only flexible arrangement available under the FMLA. In certain circumstances, an employee may use a reduced work schedule.

For example, someone who cannot work a full eight-hour day because of a qualifying medical condition might temporarily work fewer hours each day.

The appropriate arrangement depends on the employee's medical needs and the requirements of the law.

How Should Employees Request Intermittent Leave?

Employees should notify their employer as soon as they know that leave may be necessary. When the need is foreseeable, providing advance notice is particularly important.

It is helpful to keep copies of medical certifications, leave requests, employer communications, schedules, and records of the time taken.

Employees should also understand how their employer tracks FMLA hours. Even short absences can count toward the employee's available FMLA entitlement.

What Happens to Pay and Benefits?

FMLA leave itself is generally unpaid. However, an employee may be able or required to use available paid leave at the same time, depending on applicable rules and employer policies.

Health insurance coverage can generally continue during qualifying FMLA leave, subject to the employee's usual share of premium costs.

Key Takeaways

• Intermittent leave allows qualifying FMLA leave to be taken in separate periods.

• It can be useful for recurring medical conditions, appointments, and treatments.

• Eligibility depends on the employee, employer, and reason for leave.

• Medical certification may be required.

• Planned leave should generally be requested with appropriate advance notice.

• FMLA leave is generally unpaid, although paid leave may sometimes run concurrently.

• Employees should keep records of leave requests, certifications, and time taken.

Federal and state laws may provide additional workplace leave protections.