Understanding Intermittent Leave Issues Under FMLA

It’s common to associate absences authorized by the Family and Medical Leave Act (FMLA) with specific health conditions that last for a certain period of time and then are resolved so that the employee can return to work. Not every situation is like that though. Some physical and mental ailments come and go, leading employees to request intermittent absences under the FMLA. This can be true whether a given worker is experiencing a health issue themselves or caring for a family member. 

Intermittent leave means that FMLA time is taken in separate blocks, even though related to a single qualifying reason (for example, periodic absences for flare-ups or treatment appointments). Conversely, a reduced leave schedule is more like a temporary switch to a part-time role, because the employee is working fewer hours on some or all days. 

Employers may request medical certification from a health care provider describing the medical necessity of a proposed intermittent leave schedule. Key information includes the number and duration of absences, as well as when there might not be any more need for the employee to be away from their job. If leave can be scheduled in advance (such as for a planned round of chemotherapy treatments), employees should provide 30 days’ notice when practicable and make reasonable efforts to schedule treatment to minimize workplace disruption.

When the need for intermittent or reduced leave is foreseeable and predictable, companies may temporarily transfer an employee to an alternative position with equivalent pay and benefits to better accommodate a recurring schedule. For bonding with a new child (birth, adoption, or foster placement), intermittent or reduced leave generally requires employer approval; medical necessity typically does not apply to bonding time.  

Clear communication, timely certification and thoughtful scheduling gives employees the best chance to receive FMLA authorization for the times when medical reasons compel them to spend time away from work. For policy updates or case-specific guidance, our employment law team is here to help.

Kardell Law Group advocates for workers in FMLA requests and other employment law matters. Reach out to us today if you believe you require intermittent leave or if your employer has taken or threatened action against you due to medical-related absences.