How to Figure Intermittent FMLA Time
The Family Medical Leave Act, or FMLA, provides that certain qualified workers (in general, those who have worked for at least one year and 1,250 hours over the year prior to the request for leave) may take up to 12 weeks of leave each year for personal or family medical reasons. FMLA leave is generally available to workers with serious medical conditions and workers who need to take care of a family member with a serious medical condition. To accommodate workers' and employers' schedules, the FMLA allows for leave to be taken intermittently (for example, leaving work for a few hours each week to receive medical treatment) or on a reduced leave schedule. Calculating intermittent leave can be difficult for employers and employees alike due to the complexity of the regulations.
Other People Are Reading
Instructions
-
-
1
Understand how the FMLA interprets intermittent leave. The Department of Labor defines intermittent leave as leave that is taken by the employee in separate blocks of time for an employee's or family member's serious medical condition. Intermittent leave can be predictable, such as when used for an ongoing medical condition, or unpredictable, due to an unexpected health emergency. Because the effect of an employee's intermittent leave on a workplace can be sudden and disruptive, the FMLA allows an employer to temporarily transfer an employee taking intermittent leave to an alternate position with equivalent pay and benefits.
-
2
Realize the burden is on the employer to designate the employee's leave as FMLA intermittent leave. To properly keep tabs on intermittent leave, the employer should document the leave taken by the employee as constituting intermittent leave and notify the employee in writing that such leave be counted against the employee's 12 week allotment under the FMLA. The employer should also notify the employee as to whether the leave will be paid or unpaid.
-
-
3
Provide necessary notice. The employee must give the employer notice of his or her need for intermittent leave at least 30 days in advance, or as soon as practicable if the need for intermittent leave is not foreseeable. The FMLA regulations require that the employee attempt to schedule the intermittent leave so as to not "unduly disrupt" the operations of the employer.
-
4
Comply with any certification requirements. An employer may require that an employee's request for intermittent leave under the FMLA be certified by the employee's doctor. The doctor's certification must state that the leave is considered to be medically necessary and provide an estimate of the expected length of the intermittent leave.
-
5
Restore the employee to the same or equivalent job after periods of intermittent leave. When the employee's intermittent leave ends, the FMLA requires that he or she be restored to the same job or a job with equivalent duties, pay and benefits. It is important for an employer to calculate each and every period of intermittent leave to ensure that the employee's 12 week allotment is not extended.
-
1
Tips & Warnings
Remember that individual states can have their own FMLA regulations, which can be stricter than their federal counterparts. Because FMLA laws and regulations on intermittent leave are constantly evolving, if you are considering taking intermittent leave or have an employee requesting intermittent leave, it is in your best interest to consult with an experienced employment law attorney to help navigate any potential mine fields.
