The Family and Medical Leave Act (FMLA) entitles employees to job-protected leave for various reasons, including addressing medical needs, welcoming a child, or caring for a loved one. While some employees take this leave in one continuous period, others prefer a more flexible approach which the intermittent leave provisions provides for. This article explores the concept of intermittent leave, its various types, the regulations governing it under FMLA, and how employees and employers can effectively navigate this workplace policy.

What Does Intermittent Leave Mean?

What is intermittent leave? In essence, it’s a flexible approach to time off, allowing employees to take leave in separate, non-consecutive periods rather than in one continuous stretch. Unlike traditional leave, where you might take several weeks off at once, intermittent leave enables you to take smaller, more frequent periods of leave for specific reasons.

This flexibility can be beneficial for a wide range of personal and professional situations, from managing ongoing medical conditions to balancing work with family responsibilities. By allowing you to take leave only when necessary, intermittent leave can reduce the overall impact on your professional obligations while still providing the support you need.

Types of Intermittent Leave

Depending on your circumstances, various types of intermittent leave may be available to you. Here’s an overview of the common forms:

• Medical Intermittent Leave
• Medical intermittent leave is one of the most frequently used types, providing you the flexibility to manage medical conditions that require periodic treatment or recovery time. Examples include:
  • Time off for treatments related to chronic illnesses such as cancer, diabetes, or mental health conditions
  • Leave for scheduled medical appointments such as routine check-ups or specialist visits
  • Recovery periods following surgical procedures or other medical interventions
• Parental Intermittent Leave
• Parental intermittent leave provides flexibility for parents who may require intermittent absences to balance family and work responsibilities. Examples include:
  • Time off for prenatal medical appointments
  • Intermittent leave to bond with a newborn or newly adopted or fostered child over time
  • Periodic leave to attend children’s medical appointments
• Military Family Intermittent Leave
• For families of military personnel, intermittent leave can be a valuable tool for handling the unique challenges that come with military service. Examples include:
  • Time off for pre-deployment activities, such as attending briefings or meetings
  • Leave to support a family member’s post-deployment readjustment
  • Attending counseling sessions or briefings related to the military service of a family member
• Reduced Schedule Intermittent Leave
• Reduced schedule intermittent leave allows you to work fewer hours over an extended period, often due to ongoing health issues or personal needs. Examples include:
  • Reducing work hours while undergoing physical therapy or rehabilitation
  • Adjusting work schedules to accommodate the care of a family member with a serious medical condition
  • Shortened work days for mental health recovery or following medical treatment

These various types of intermittent leave demonstrate the flexibility built into FMLA regulations. They acknowledge that life doesn’t always conform to a standard schedule, and these options allow you to balance your work responsibilities with personal and family needs. It’s important to note that while these are common scenarios, each situation is unique and may require individualized consideration.

Intermittent Leave Under FMLA

The Family and Medical Leave Act provides specific protections if you need intermittent leave. If you’re eligible, you can take up to 12 weeks of unpaid leave per year for qualifying reasons, including intermittent leave.

• To qualify for FMLA leave, you must meet several criteria:
  • Work for a covered employer, which includes:
    • Private employers with at least 50 employees
    • Government agencies
    • Public or private elementary and secondary schools
  • Have worked at least 1,250 hours over the past 12 months
  • Have been employed by the company for at least 12 months (not necessarily consecutive)
  • Work at a location where the employer has at least 50 employees within a 75-mile radius
  • Meeting these eligibility requirements is the first step to using FMLA leave, including intermittent leave.

FMLA and Intermittent Leave

Under FMLA regulations, intermittent leave is permitted if you need time off due to a serious health condition or to care for a family member with a serious health condition. This includes medical appointments, treatments, and recovery periods. FMLA also covers military family leave and parental leave under specific conditions.

• There are some key guidelines to keep in mind regarding intermittent leave under FMLA:
  • Duration and Frequency: Intermittent leave can be used for recurring treatments or when your condition requires periodic time off. The FMLA does not specify a minimum duration for each leave period, so it could range from as short as an hour to several weeks.
  • Medical Certification: Employers may request medical certification from a healthcare provider to confirm that your intermittent leave is necessary
  • Job Protection: While on FMLA leave, whether continuous or intermittent, you are entitled to job protection and the continuation of your health benefits

How Does Intermittent Leave Work?

Both employees and employers have specific responsibilities when it comes to managing intermittent leave. Understanding these responsibilities is crucial for the effective implementation of intermittent leave policies.

• Employee Responsibilities
• If you’re taking intermittent time off, follow these steps to ensure your request is valid and supported:
  • Submit a Request: Notify your employer of your need for intermittent leave, ideally as far in advance as possible
  • Provide Documentation: Supply medical certification or other supporting documents to verify your need for intermittent leave
  • Work With Employer: If possible, collaborate with your employer to schedule leave in a way that minimizes workplace disruption

• Employer Responsibilities
• If you’re an employer, you have a duty to accommodate intermittent leave requests within the guidelines of FMLA or applicable state laws:
  • Review and Approve Leave Requests: Evaluate leave requests based on the employee’s eligibility and specific circumstances. You may request additional documentation or medical certification.
  • Maintain Records: Keep accurate records to track an employee’s total amount of FMLA leave, including intermittent leave
  • Minimize Workplace Impact: Accommodate intermittent leave in a way that maintains business continuity while respecting the employee’s rights

• Impact on Employee Benefits
• Intermittent leave, whether taken under FMLA or other policies, may affect your benefits:
  • Health Benefits: You’re entitled to continued health coverage during FMLA leave.
  • FMLA Entitlement: Your intermittent leave counts toward your total 12-week FMLA entitlement. For example, if you take a half-day off every week, that time will reduce your overall available FMLA leave.

By understanding these aspects of intermittent leave, you can navigate this flexible leave option effectively, whether you’re requesting leave or managing leave requests.

Intermittent Leave Beyond FMLA

While FMLA is the most common legal framework for intermittent leave, you should be aware that some states offer additional protections, and individual employers may have their own leave policies.

• Best Practices for Employers
• If you’re an employer, adopting the following practices can help you manage intermittent leave effectively:
  • Develop Clear Policies: Ensure that your company’s leave policies are clearly communicated to employees. This helps prevent misunderstandings and promotes compliance.
  • Keep Detailed Records: Maintain accurate documentation of leave requests, medical certifications, and leave usage. This helps you ensure compliance with FMLA intermittent leave regulations and protects both you and your employees.
  • Train HR Staff: Regularly train your HR staff on how to handle leave requests. This ensures that your employees and your company remain compliant with relevant laws and policies.

The Importance of Understanding Intermittent Leave

Intermittent leave is a critical component of workplace flexibility and compliance, whether you’re an employee or an employer. As an employee, it allows you to manage personal and medical issues without jeopardizing your job. If you’re an employer, it helps you maintain business continuity while supporting your employees’ needs. For both parties, a clear understanding of how intermittent leave works, along with your rights and responsibilities, leads to smoother implementation and fewer conflicts.

Common Questions About Intermittent Leave

Whether you’re an employee or an employer, you might have concerns about intermittent leave. Let’s address some of the most frequently asked questions:

Schedule a Consultation with Audet & Partners Today

At Audet & Partners, we specialize in employment litigation and are here to help you navigate the complexities of intermittent leave as well as any other employment law questions you may have. Whether you’re an employee seeking to understand your rights or believe that your rights have been violated, our experienced attorneys can provide the guidance you need.

Request a free consultation with us today to learn more about how we can assist you with your employment litigation needs.

This article is for informational purposes only and does not constitute legal advice.