What is intermittent leave?

Intermittent leave refers to a type of leave arrangement under the Family and Medical Leave Act (FMLA) in the United States, which allows eligible employees to take leave in separate blocks of time due to a single qualifying reason, rather than taking a continuous leave of absence.

Key Aspects of Intermittent Leave:

1. Eligibility:

   • To qualify for intermittent leave, employees must work for a covered employer, have worked at least 1,250 hours in the preceding 12 months, and be employed at a location where at least 50 employees are within a 75-mile radius.
   • The employee must also have been employed with the company for at least 12 months.

2. Qualifying Reasons:

   • Intermittent leave can be taken for the birth of a child, and to care for the newborn child within one year of birth.
   • It can also be used for adoption or foster care placement, to care for an immediate family member (spouse, child, or parent) who has a serious health condition, or when the employee has a serious health condition that makes them unable to work.
   • It may also be applicable for specific qualifying exigencies related to a family member’s military deployment.

3. Scheduling:

   • The leave can be taken in various increments, such as a few hours, a day, or more, depending on the situation and the employer's policies.
   • Employees must work with their employers to schedule intermittent leave in a manner that does not unduly disrupt operations, when possible.

4. Certification:

   • Employers can require certification to verify the need for intermittent leave, and they may request re-certification periodically.
   • Medical certification from a healthcare provider can be required to support the need for leave.

5. Job Protection:

   • FMLA ensures that employees taking intermittent leave have job protection, which means the employee must be returned to the same or an equivalent position after their leave.

6. Benefits:

   • During intermittent leave, health benefits must be maintained under the same conditions as if the employee were not on leave.

7. Record Keeping:

   • Employers must accurately track the amount of intermittent leave taken by the employee, which is part of the employee's 12-week FMLA entitlement per year.

Intermittent leave is a helpful option for employees needing flexibility due to personal or family health issues, but it requires careful coordination and communication between the employee and employer to manage work responsibilities effectively.