What is FMLA Intermittent Leave of Absence?

Table of Contents

1. How does intermittent leave work?

2. Events that qualify for FMLA

3. What is a major medical condition?

4. Reduced time off

5. Pregnancy-related intermittent leave

6. Employer obligations regarding FMLA intermittent leave

7. State regulations concerning intermittent leave

How does intermittent leave work?

When a worker approaches you for a leave of absence, you might begin to consider what kind of leave you should provide. Maybe you are covered by a paid time off (PTO) policy. Or perhaps you have to abide by paid sick leave requirements in your state. It can also be necessary to grant qualified employees leave under the Family Medical Leave Act (FMLA). Your employee may need to take intermittent leave, depending on the reason for their need for time off. What exactly is intermittent leave, then?

Employees may occasionally need to use up all of their leave in one sitting. The worker would then have to take continuous leave.

However, there may be situations where employees must take shorter leaves of absence. This is where the concept of intermittent leave is relevant. An employee may use intermittent leave to take shorter bursts of time off for a single qualifying event.

The FMLA intermittent leave safeguards an employee’s job when they require time off for approved reasons and has regulations for both continuous and non-continuous leave. Employees may be required to use up all of their PTO before taking FMLA intermittent leave. Remember that the FMLA offers unpaid leave for all periods.

Intermittent leave policies are generally not included in state-paid sick leave statutes. If your state has paid sick leave laws, you should inquire about whether there are any provisions pertaining to intermittent leave.

You must abide by the state’s intermittent leave policy (if applicable) if your company operates in a state where paid family leave (PFL) is mandated.

For more information, please contact our employer law attorney for FMLA and intermittent leave consultation.

Events that qualify for FMLA

So, how does intermittent leave under the FMLA operate? Once more, workers are limited to using this kind of leave for a single qualifying incident. Strict guidelines govern when an employee is eligible under the FMLA.

A standalone qualifying event consists of:

Leave owing to a severe illness that prevents the worker from carrying out their regular duties
Providing medical care for a spouse, kid, or parent who is a member of one’s immediate family (but not a parent “in-law”) who has a critical illness
A child’s birth, adoption, or placement in foster care
An issue that needs to be addressed because a parent, child, or spouse is deployed to the military
Care for a covered servicemember who is an employee’s spouse, parent, or kid in the event of a serious illness or injury

Similar to continuous leave, the maximum duration of intermittent leave is typically 12 weeks in total every year. During a 12-month period, an employee may take up to 26 weeks of unpaid intermittent leave to care for a wounded or ill service member. However, this leave cannot be used for deployment.

For the same reason, qualifying incidents must necessitate episodic or periodic treatment. For instance, if a worker needs to miss work for every doctor’s appointment related to treatment for a serious illness, such as chemotherapy for cancer, they may take intermittent leave. Workers who experience two or more qualifying events (such as the birth of a child and a major sickness) are not eligible to use FMLA intermittent leave.

What is a major medical condition?

Not every medical condition entitles a worker to intermittent leave. Among the serious medical conditions are the following:

Conditions that necessitate spending the night in a hospital or medical facility
Any illness that prevents a worker or a member of their family from going to work or school for more than three days in a row
Diseases or ailments that call for continuous medical care, such as those that require many visits to a doctor or only one appointment for prescription follow-up care
Chronic illnesses that need to be treated by a medical practitioner at least twice a year and occasionally cause spells of incapacitation

Workers may take intermittent leave for the procedure and recovery after donating an organ to a non-relative.

Reduced time off

Apart from an intermittent leave of absence, your employees can also use the FMLA on a modified leave schedule. Reducing an employee’s regular weekly or daily work schedule is known as reduced leave. To avoid interfering with business operations, your employee must arrange their limited leave in coordination with you.

Pregnancy-related intermittent leave

Additionally, employees may take FMLA intermittent leave for conditions connected to pregnancy, such as:

Prenatal visits to the doctor
Too weak from morning sickness
Bed rest as prescribed by a medical professional

Once more, employees may use intermittent leave under the FMLA in connection with adoption, foster child placement, or childbirth. Only with employer permission may employees use intermittent leave for these purposes. Intermittent leave must be taken by the employee within a year of the child’s placement or birth.

Employer obligations regarding FMLA intermittent leave

The FMLA’s intermittent guidelines provide employers with particular rules. With intermittent FMLA, you are able to:

When an employee takes time off, transfer them to a temporary role with comparable compensation and benefits.

Within five days of the request, have your employee provide a medical certification supporting the leave of absence. Workers have fifteen calendar days to provide the medical certificate.

If you have cause to think the initial medical certification is faulty, ask an employee to get a second or third opinion. You are responsible for covering the cost of the opinion if you request that your employee obtain a second or third opinion.

If you have an all-employee fitness-for-duty policy, have staff sign fitness-for-duty certificates when they return to work. Certifications ought to come from the worker’s physician.

State regulations concerning intermittent leave

It’s possible that your state offers paid family leave. There are PFL legislation in the following states:

California
Colorado (upcoming)
Connecticut
Washington, D.C.
Massachusetts
New Jersey
New York
Oregon (upcoming)
Rhode Island
Washington

The PFL program is typically funded by taxes withheld from employees’ paychecks. Employers might, however, also be required to make a partial tax payment. Employees usually have to apply for paid leave directly with the state and notify you that they require PFL.

Employees in certain PFL-eligible states, including Washington State, are permitted to combine medical and family leave for extended periods of time. For instance, a worker in Washington is entitled to 12 weeks of family or medical leave. During the claim year, an employee may take up to 16 weeks of combined family and medical leave for several qualifying events. Workers may additionally take a maximum of eighteen weeks of combined paid maternity leave for pregnancy-related conditions, such as bed rest or childbirth.

If your state (Vermont, for example) has regulations for unpaid family leave but does not require paid time off, you should adhere to the laws regarding intermittent leave.

Remember that workers may still be eligible for FMLA coverage even if they are not eligible for state PFL. Verify the specific legislation in your state.

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What is FMLA Intermittent Leave of Absence?

An employee uses their 12 weeks of unpaid leave intermittently under FMLA Intermittent leave, taking it off and on, unlike continuous family medical leave or a reduced work schedule. FMLA leave can be taken intermittently by employees – in separate blocks of time for a single qualifying reason – or on a reduced leave schedule, which involves reducing the employee's usual weekly or daily work schedule, when it is medically necessary.

What is a statutory employee?

A statutory employee is a salesperson, either traveling full-time or based in a city, who represents you and submits orders from wholesalers, retailers, contractors, or operators of establishments such as hotels and restaurants. The merchandise sold should be for resale, or the supplies should be for use in the buyer's business operation. For you, the principal business activity performed must be the salesperson's work.

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What is FMLA Intermittent Leave of Absence?

How does intermittent leave work?

Events that qualify for FMLA

What is a major medical condition?

Reduced time off

Pregnancy-related intermittent leave

Employer obligations regarding FMLA intermittent leave

State regulations concerning intermittent leave

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