FMLA intermittent leave

What Is FMLA intermittent leave?

Intermittent FMLA leave covers recurring, unpredictable, or scheduled absences, such as periodic flare-ups of a chronic condition or ongoing medical appointments, letting employees take leave in increments as small as a partial day rather than in one continuous block.  

Employers track these absences against the same 12-week entitlement as continuous FMLA leave, just measured in smaller units. 

Planned vs. unplanned intermittent leave 

Planned intermittent leave covers foreseeable needs that an employee can schedule around the employer's operations in advance, while unplanned intermittent leave covers needs where the employee requires time off with little or no advance notice. 

Intermittent leave eligibility 

Eligibility for intermittent FMLA leave mirrors standard FMLA eligibility. To qualify, an employee must: 

• Work for a covered employer 
• Have logged 12 months of service and 1,250 hours 
• Have a qualifying reason for leave 

Intermittent leave is only available for a serious health condition, military caregiver leave, or qualifying needs. It isn't available for bonding with a new child unless the employer agrees to it, since reduced schedule leave for new-parent bonding requires employer approval instead of being automatic like intermittent leave tied to recurring treatment. 

Can an employer deny FMLA intermittent leave? 

Employers can't deny intermittent leave that qualifies under FMLA, but they have options for managing its impact. 

For foreseeable, planned intermittent leave, employers can ask employees to schedule treatment around business needs when medically possible, and can temporarily transfer an employee to an alternative position with equivalent pay and benefits that better accommodates a recurring reduced work schedule.  

Common intermittent leave scenarios 

Intermittent leave is applied to a wide range of situations, some tied to the employee's own health, others to caring for someone else: 

• Chronic illness flare-ups: Conditions like asthma, migraines, or inflammatory bowel disease that periodically prevent an employee from working. 
• Ongoing treatment schedules: Regular dialysis, chemotherapy, or physical therapy appointments tied to a chronic condition. 
• Reduced work schedule: An employee recovering from surgery who returns part-time and gradually increases hours. 
• Caregiving for a family member: Intermittent absences to attend a parent's or child's medical appointments during an intermittent leave of absence.

Employer and employee responsibilities 

Tracking intermittent leave accurately takes effort from both sides, since the entitlement is measured in hours instead of weekly blocks. 

Employers should: 

• Maintain accurate, hour-level tracking of intermittent leave against the employee's 12-week entitlement 
• Request medical certification and recertification within the timeframes FMLA allows 

Employees should: 

• Give as much advance notice as possible for foreseeable intermittent absences 
• Follow standard call-in or notice procedures for unplanned absences whenever the medical situation allows 

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Related glossary terms

• FMLA
• PTO
• LOA