advanced7 min read• 6 steps
How to Handle Intermittent FMLA Leave
Properly manage employees taking FMLA leave in non-continuous increments.
1
Understand when intermittent leave applies
Intermittent FMLA is allowed for:
**Medical Conditions (Automatic Right):**
- Employee's own serious health condition
- Family member's serious health condition
When medically necessary
**Bonding Leave (Employer Consent Required):**
- Birth, adoption, foster placement
- Only with employer agreement
- Employer can require continuous leave
💡 Tip: You cannot deny intermittent leave when medically necessary.
2
Obtain proper certification
Certification should address:
- Need for intermittent vs. continuous leave
- Expected frequency of absences
- Expected duration of each absence
- Medical necessity explanation
**Recertification:**
- Every 30 days if conditions change
- When pattern changes significantly
- When you receive information questioning need
3
Track leave in proper increments
Track intermittent FMLA in the smallest increment you track for any leave:
**If you track PTO in hours:** Track FMLA in hours
**If you track in days:** Track FMLA in days
**If you track in ½ days:** Track FMLA in ½ days
**Example Calculation:**
12 weeks = 60 days = 480 hours (for 8-hour day)
Employee takes 2 hours = 2 hours deducted from FMLA balance
💡 Tip: Never round up against the employee.
4
Manage scheduling
You can require:
- Reasonable effort to schedule planned treatments
- Working with healthcare provider for least disruption
- Notice as soon as practicable for unforeseeable leave
**You cannot:**
- Require employee to take more leave than needed
- Refuse leave if schedule can't be arranged
- Penalize for proper intermittent use
5
Consider temporary transfer
You may temporarily transfer an employee to an equivalent position that better accommodates intermittent leave:
**Requirements:**
- Same pay and benefits
- Same or similar duties
- Better accommodates the leave schedule
**Cannot:**
- Transfer to demean or discourage leave
- Reduce pay or benefits
- Change terms to punish FMLA use
💡 Tip: Transfers work well for recurring schedule patterns.
6
Maintain proper records
Track and document:
- Each absence date and duration
- Running FMLA balance remaining
- Certification and recertifications
- Communications with employee
- Any schedule accommodations
Keep records for 3+ years.
Common Mistakes to Avoid
- ✗Tracking in larger increments than other leave
- ✗Denying intermittent leave for medical needs
- ✗Counting absences against attendance policy
- ✗Failing to recertify when patterns change
- ✗Retaliating against frequent intermittent use