DOL Says Some Employees Could Use FMLA To Shorten Workweek Indefinitely

The FMLA allows eligible employees of covered employers to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. A recent opinion letter from the U.S. Department of Labor clarified that employees may use FMLA leave to reduce their work schedule for an indefinite period, so long as they do not exhaust their leave entitlement, continue to have a qualifying reason for leave, and remain eligible for leave.

Employees may use FMLA leave to reduce their work schedule or take time off because of a serious health condition that makes them unable to perform the functions of their position. A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.