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ARTICLE · 16 JUNE 2017

Intermittent Leave Under The FMLA – The Basics

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Congress adopted the Family and Medical Leave Act of 1993 ("FMLA") to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, ...

United StatesEmployment and HR
Donald C. Davis
Donald C. Davis
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Congress adopted the Family and Medical Leave Act of 1993 ("FMLA") to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members suffering from a serious health condition or for reasons related to their family members' military service. One of the most vexing issues for employers trying to comply with the FMLA is "intermittent" or "reduced-schedule" leave.

Employee's Entitlement to Intermittent or Reduced-Schedule Leave The FMLA guarantees qualified employees up to 12 weeks of unpaid leave within a one-

year period. When "medically necessary," leave under the FMLA must be granted on a part-time or intermittent basis. Such intermittent or reduced-schedule leave is FMLA leave that an employee takes in blocks of time that are less than the full amount of the employee's total entitlement. One court has described intermittent leave as "a series of absences, separated by

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