Q: Can FMLA be used on an intermittent or reduced schedule basis?
A: An employee is entitled to take FMLA leave on an intermittent or reduced schedule basis when the leave is medically necessary (1) to care for a spouse, child or parent with a serious health condition; or (2) because the employee is unable to perform any one of the essential functions of the job because of a serious health condition. An employee may request, but the employer does not have to grant, intermittent or reduced leave schedule for the birth or placement of a child.
An intermittent leave is a leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include leave periods of one hour or less, or several hours or days at a time. Examples of intermittent leave would include leave for medical appointments related to a serious health condition, or leave taken for a day or two at a time spread over several months for flare ups of chronic conditions.
Reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek. In other words, a reduced leave schedule is the change of an employee’s work schedule for a period of time, normally from full time to part time. For example, an employee may request reduced leave to work part time while recovering from a serious health condition or to care for a seriously ill family member.
FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an hour. The employer must allow employees to use FMLA leave in the smallest increment of time the employer allows for the use of other forms of leave, as long as it is no more than one hour.
Written by a Catapult Advisor
