All About the Intermittent FMLA (Family and Medical Leave Act)

Intermittent FMLA (Family and Medical Leave Act)

As businesses worldwide struggle with employee absenteeism, employers and employees are still unaware of several aspects relating to the Family and Medical Leave Act Intermittent amendment.

The US Congress adopted the Family and Medical Leave Act (FMLA) in 1993 to provide employees with job security when they have to miss work to care for their health or the health of their family members and dependents.

This act also covers leaves of absence related to a family member’s military service. However, there is widespread confusion among employers and employees about the clauses in the “intermittent” or “reduced-schedule” leave that employees frequently require.

What is the Employee Entitled to Under the Intermittent or Reduced-Schedule Leave?

Under the FMLA, eligible employees can take up to 12 weeks of unpaid sick leave within a year. All medical emergency leaves under FMLA should be granted on a part-time (intermittent) basis.

Such reduced-schedule leaves that an employee gets come under FMLA, which can be taken within specified periods but are less than what the employee is entitled to.

What is the Employee entitled to under the Intermittent or Reduced-Schedule Leave

What is the Employee entitled to under the Intermittent or Reduced-Schedule Leave?

According to a court order, intermittent leave is “a series of absences, separated by days during which the employee is at work, but all of which are taken for the same medical reason, subject to the same notice, and taken during the same twelve-month period.” (Davis c. Mich. Bell Tel. Co., 543 F.3d 345, 350-51 (6th Circuit 2008).

For instance, intermittent leaves could be taking days, irregularly missing half-day work in a week, or even missing work an hour or two at a time to take care of a chronically ill spouse, children, or parent or to stay home with the patient when they are advised to care.

The intermittently applied leaves are deducted from the employee’s 12-week entitled leaves.

In addition, qualified employees can take intermittent or reduced-schedule leaves without employer consent in case they need to be present for pregnancy care of their spouse, severe health disorder, or injury to a dependent service member.

However, an employee seeking intermittent or reduced schedule leave for adoption or placement of the child in foster care will need the employer’s approval beforehand.

If both spouses work for the same employer, then both spouses are entitled to a combined leave totaling 12 weeks when the intermittent leaves are for the care of a newborn or newly adopted child.

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What are the Employers’ responsibilities for FMLA Intermittent leaves?

Employers need to create written policies detailing both parties’ responsibilities when it comes to FMLA leave, which also includes intermittent leave.

Having easy-to-read policies that have been acknowledged in writing by the employees helps employers manage employee expectations and decrease the risk of confusion or misunderstanding.

What are the Employers’ responsibilities for FMLA Intermittent leaves

What are the Employers’ responsibilities for FMLA Intermittent leaves

Employers should also have regular sessions with employees to explain the reasons for qualifying them for FMLA intermittent leaves.

Employees usually do not use the words “FMLA” or “serious health condition” in their leave applications. Hence, employers are responsible for determining whether the reason falls under FMLA leaves. This can be done by the employers enquiring with the employee to determine if the employee’s leave request qualifies under the FMLA intermittent leave clause.

It is inadvisable to ignore an employee’s routine leave request for time off without checking its validity as described under FMLA directives.

In addition, employers should train all high-level management to identify intermittent leave requests that fall under FMLA.

What are the Employee’s responsibilities for FMLA Intermittent leaves?

Employees should at least provide clear and detailed information for taking intermittent or reduced-schedule leaves by obtaining the essential medical certification from a healthcare provider (doctor/physician). Employees are also responsible for providing applications for leave well in advance.

There are situations where an employee cannot determine the exact schedule when they apply for urgent intermittent leaves for emergency purposes.

For instance, several chronic disorders flare infrequently and create medical emergencies, which are not always possible to predict. In such situations, the employees are responsible for communicating with supervisors in writing each time they need to take an urgent intermittent leave without being able to provide sufficient advanced notice.

Additionally, employees should have a doctor’s note (or similar proof) handy to explain the need for urgent and spontaneous leave. The employee also needs to follow a call-in policy if it is mandated within their employment contract.

Last but not least, employees should not abuse the provisions under the FMLA by taking it for reasons not covered under its clauses.

Conclusion

The FMLA may seem confusing to employers and employees alike, especially if they are not diligent enough. This is especially true when it comes to applying for and granting, intermittent or reduced schedule leaves.

Employers need to consider intermittent leaves seriously, and employers need to show appropriate sensitivity to the problems employers may face from their infrequent absence.

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Current Version
November 15, 2023
Updated By
Andrea Morales G.

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