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FMLA Intermittent Leave
Family and Medical Leave Act (FMLA) leave may be taken “intermittently” or on a “reduced leave schedule” under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time for a single illness or injury. For example, intermittent time periods can be from one hour to several weeks long, such as leave for medical appointments or leave taken over several days at a time to allow the employee to receive medical treatment. Related articles on FMLA Intermittent Leave A reduced leave schedule reduces an employee’s usual number of working hours per workweek or workday on a regular basis. That usually happens when an employee’s schedule is reduced from full-time to part-time. When are employees entitled to intermittent leave?Under the FMLA, an employee is entitled to take intermittent leave or leave on a reduced schedule when an employee’s own “serious health condition” renders him unable to do his job. In addition, you also are required to grant intermittent leave to an eligible employee when she needs to care for a spouse, son, daughter, or parent with a serious health condition. The care needed by a family member can encompass both physical and psychological care and can even include driving the family member to the doctor. When may an employee voluntarily allow intermittent leave?If an employee desires to take intermittent leave or a reduced leave schedule after the birth of a child, or after adopting or fostering a child, she can do so only if you agree to it. For example, an employee may want to work part-time after the birth of a child, and have her reduced schedule count as FMLA leave so that she will receive job protection and benefit continuation. Under the FMLA, you may allow her to do this, but you are not required to do so. When an employee is considering taking intermittent leave, it is a good idea to remind her that if she intends to take intermittent leave she must attempt to schedule her leave without disrupting your operations. Total amount of time availableTaking FMLA leave intermittently or on a reduced schedule doesn’t affect the total amount of leave available to an employee (12 weeks in a 12-month period). Only the time actually taken is charged against the employee’s available leave. In addition, there is no limit to the size of an increment of leave when an employee takes intermittent leave. You may, however, limit leave increments to the shortest period of time that your payroll system uses to account for absences or use of leave, provided it is one hour or less. Transferring employee to alternative position to accommodate intermittent leaveYou can transfer an employee to an “alternative position” to accommodate intermittent leave or a reduced leave schedule. This option, however, is available only when:
Return from intermittent leave or reduced work scheduleOnce an employee who has been taking intermittent leave, or put on a reduced schedule, is ready to return to work, you must return him to his original job or an equivalent position immediately. You can require that he give you some notice of his intent to return to work, but you can’t require that he take more leave than necessary just so you can find a job to put him in. State family and medical leave lawsIf your state has a family and medical leave law, you should check it as well to see what requirements it imposes for intermittent leave. Proposed changes to FMLA regsThe U.S. Department of Labor (DOL) recently released proposed new regulations to the FMLA to deal with some of the issues that are most challenging for employers. Among the proposed changes, the new regs would require employees to follow workplace call-in procedures to take unscheduled intermittent leave.
Related articles on FMLA Intermittent Leave from the State Employment Law Letters
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