Introduction to FMLA Intermittent Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. One of the types of leave offered under the FMLA is intermittent leave, which allows employees to take leave in blocks of time rather than all at once. This can be beneficial for employees who need to attend to recurring medical treatments or care for a family member with a serious health condition. In this article, we will provide guidance on requesting intermittent leave under the FMLA.
Eligibility for Intermittent Leave
To be eligible for intermittent leave, an employee must meet the same eligibility requirements as for other types of FMLA leave. This includes: * Working for a covered employer (generally, private sector employers with 50 or more employees, public agencies, and public and private elementary and secondary schools) * Having worked for the employer for at least 12 months (which do not have to be consecutive) * Having completed at least 1,250 hours of service in the 12 months preceding the start of leave * Working at a location where the employer has at least 50 employees within 75 miles
Qualifying Reasons for Intermittent Leave
Intermittent leave can be taken for the following qualifying reasons: * The employee’s own serious health condition * To care for a spouse, son, daughter, or parent with a serious health condition * For pregnancy or prenatal care * For adoption or foster care placement * For a qualifying exigency related to a family member’s military service * To care for a covered servicemember with a serious injury or illness
Requesting Intermittent Leave
When requesting intermittent leave, the employee should provide the employer with: * A completed FMLA application form (if the employer has one) * A medical certification form completed by the employee’s healthcare provider (or the healthcare provider of the family member being cared for) * Advance notice of the need for leave, whenever possible * Schedule information, including the expected frequency and duration of leave
The employee should also discuss their leave schedule with their employer to determine how the leave will be taken and how it will impact their work.
Medical Certification
The medical certification form is a crucial part of the intermittent leave request process. The form must be completed by the employee’s healthcare provider (or the healthcare provider of the family member being cared for) and must include: * A statement confirming the serious health condition * An estimate of the frequency and duration of treatments or episodes of incapacity * A statement indicating whether the employee is unable to perform one or more essential functions of their job
| Information | Medical Certification Form |
|---|---|
| Serious health condition | Confirmation statement |
| Frequency and duration of treatments | Estimate of frequency and duration |
| Ability to perform job functions | Statement indicating ability or inability |
Intermittent Leave Scheduling
Once the intermittent leave request has been approved, the employee and employer must work together to schedule the leave. This may involve: * Creating a leave schedule that meets the employee’s needs and minimizes disruption to the workplace * Making arrangements for coverage of the employee’s job responsibilities during leave * Establishing a system for reporting and tracking leave time
📝 Note: Employers must attempt to accommodate the employee's schedule, but may also consider the impact on business operations and customer needs.
Tracking and Reporting Leave Time
It is essential to track and report intermittent leave time accurately to ensure compliance with FMLA regulations. This may involve: * Using a leave tracking system or software * Maintaining a record of leave time taken * Providing regular updates to the employer on leave schedules and any changes
Conclusion and Key Takeaways
In conclusion, requesting intermittent leave under the FMLA requires careful planning, documentation, and communication between the employee and employer. By understanding the eligibility requirements, qualifying reasons, and request process, employees can ensure a smooth and successful leave experience. Key takeaways include: * Eligibility requirements for intermittent leave * Qualifying reasons for intermittent leave * The importance of medical certification and scheduling * The need for accurate tracking and reporting of leave time
What is the purpose of the FMLA intermittent leave policy?
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The purpose of the FMLA intermittent leave policy is to provide eligible employees with the flexibility to take leave in blocks of time to attend to recurring medical treatments or care for a family member with a serious health condition.
How do I request intermittent leave under the FMLA?
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To request intermittent leave, you should provide your employer with a completed FMLA application form, a medical certification form completed by your healthcare provider, advance notice of the need for leave, and schedule information.
Can my employer deny my request for intermittent leave?
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Yes, your employer can deny your request for intermittent leave if you are not eligible for FMLA leave or if the leave is not for a qualifying reason. However, your employer must provide you with a reason for the denial and an opportunity to appeal the decision.
