Naomi has a chronic health condition and needs to take time off for medical treatments every other week. Alex has a newborn child and wants to take parental leave in weekly increments over the next 12 months. Both of these scenarios may be covered by the Family and Medical Leave Act (FMLA), a federal law that provides up to 12 weeks of unpaid leave in a 12-month period for certain qualifying reasons.
But how does intermittent FMLA work, and are employers required to grant this type of leave request? Let’s take a look at intermittent FMLA leave, including when to approve it, how to track it, and what other FMLA regulations may apply.
Intermittent FMLA leave is a leave of absence under the Family and Medical Leave Act that is taken in increments, instead of all at once. Ordinarily, an employee takes FMLA leave for a continuous period of time after the birth of a child, while they recover from a serious health condition, or to care for an immediate family member.
But if the employer approves — or medical necessity requires it — the employee can take up to 12 weeks of leave in a non-continuous period for the same condition. This could be a few hours of leave to attend medical appointments or an entire week or month of leave due to the flare-up of a mental health condition.
The first step in navigating this employment law is to determine if an employee meets the eligibility requirements for FMLA at all. According to the U.S. Department of Labor (DOL.gov), an employee needs to work for a covered employer for at least 12 months before they can take FMLA leave. A covered employer is:
Both full-time and part-time employees are eligible for FMLA-protected leave, but they must have performed 1,250 hours of work in the previous 12 months and be based at a job site with at least 50 employees within a 75-mile radius.
Eligible employees can take up to 12 weeks of leave for a personal or family medical condition or for a qualifying exigency related to military service. They can take up to 26 weeks of leave as the caregiver of a covered service member.
If an employee qualifies for leave under the Family and Medical Leave Act, then they may ask to take that leave in multiple increments. Although the total amount of leave they’re entitled to doesn’t change, the employer may agree to split the employee’s FMLA leave entitlement over a longer duration.
For example, a new parent may wish to alternate their FMLA leave entitlement with that of their spouse. Their employer might agree to a reduced leave schedule — such as a part-time schedule — until the employee uses up their parental leave.
Employers aren’t required to provide intermittent parental leave under FMLA, but they must approve intermittent leave in cases of medical necessity, such as to address the employee’s own serious health condition or that of an immediate family member.
The terms “intermittent leave” and “reduced leave schedule” are both used to describe cases of episodic leave, in which the employee uses their FMLA entitlement in smaller blocks instead of all at once. But there are a few key differences to consider.
A reduced leave schedule implies that an employee agrees to a modified work schedule in advance, such as spending Mondays and Tuesdays at work and the rest of the week with their newborn child. An employee might also benefit from a reduced work schedule after recovering from an illness or injury.
Intermittent leave, on the other hand, can be more unpredictable. An employee might need to take time off at the last minute for a doctor’s appointment. Employers can ask employees to schedule appointments when they’re least disruptive, but they can’t dictate their leave schedule outright or refuse a legitimate FMLA request.
Intermittent leave can pose challenges for both employers and employees. Employees may feel stressed by having to justify each intermittent leave request, while employers may get frustrated by unplanned absences and an unpredictable schedule.
Fortunately, there are several best practices for handling intermittent FMLA leave that can streamline it for everyone involved.
Employers are allowed to request a medical certification from a health care provider to verify the employee’s reason for leave — but they don’t need to request it for each and every doctor’s appointment. If the condition continues for an extended period, they can request a recertification no more than once every 30 days.
Use a digital leave management platform like Pulpstream to standardize FMLA forms and allow employees to upload medical documents online, reducing the workload for your human resources team and complying with FMLA confidentiality requirements.
Intermittent leave must be tracked in the smallest increment the employer uses to track other kinds of leave, such as sick leave and paid time off (PTO). This should be no less than 15 minutes and no greater than an hour. These blocks of leave count toward the employee’s total allotment of 12 workweeks of leave in a 12-month period.
Employers can require employees to use their accrued sick leave or paid leave balance while on intermittent FMLA leave. Whichever approach you choose, Pulpstream makes it easy to track FMLA leave time with our automated time-tracking tools, helping you meet your obligations as an employer and reduce the risk of human error.
Employees who qualify for FMLA are entitled to job-protected leave, which means they can’t be fired while on leave or on a reduced leave schedule. Employers do have some rights, though, and can temporarily transfer the employee to another similar position in order to reduce the impact of intermittent FMLA leave.
Employers must take care not to adversely affect the employee and to honor their right to reinstatement after the leave period has ended. You can use Pulpstream to manage the return-to-work process and help employees get back to work after FMLA leave.
Knowing how intermittent FMLA works is important, but it isn’t the only way to meet an employee's physical or mental health needs. In some cases, an employee may benefit from a flexible or hybrid work schedule instead of a reduced work schedule.
Develop a remote work policy to standardize which employees are allowed to work from home, and engage in the ADA interactive process if an employee’s condition is covered by the Americans with Disabilities Act (ADA).
The Family and Medical Leave Act allows eligible employees to take intermittent FMLA if it’s medically necessary or if their employer agrees. Although intermittent FMLA leave can pose some challenges — such as tracking leave in the smallest available increment and requesting medical certifications and recertifications — it can be an important tool for workplace morale and employee retention when it’s managed property.
Pulpstream’s leave of absence automation platform makes it easy to track intermittent FMLA leave or a reduced leave schedule without having to do it all manually. Simply use our custom rule engine to field incoming leave requests, and allow employees to upload medical documents online with a self-service portal.
Pulpstream’s intuitive platform helps your human resources team stay compliant with employment law while saving time and money. Get a demo today to see how!