The Intermittent Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take leave for certain family and medical reasons, including intermittent leave for ongoing medical conditions. The FMLA is administered by the U.S. Department of Labor's Wage and Hour Division and applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. In this article, we will delve into the details of intermittent FMLA leave, its eligibility criteria, benefits, and the rights and responsibilities of both employees and employers.
Key Points
- Intermittent FMLA leave is available for eligible employees with ongoing medical conditions or to care for a family member with a serious health condition.
- Employees must provide 30 days' notice for foreseeable leave and make a reasonable effort to schedule treatments to avoid disrupting the employer's operations.
- Employers must maintain the employee's health benefits during the leave period and reinstate the employee to their previous position or an equivalent one upon return.
- Employees may take intermittent leave in increments as small as one hour, and the employer may require a medical certification to support the need for leave.
- The FMLA provides protections against retaliation and interference with an employee's exercise of FMLA rights.
Eligibility Criteria for Intermittent FMLA Leave
To be eligible for intermittent FMLA leave, an employee must have worked for the employer for at least 12 months, have completed at least 1,250 hours of service in the 12 months preceding the start of leave, and work at a location where the employer has at least 50 employees within a 75-mile radius. The employee must also have a serious health condition that requires intermittent leave or need to care for a family member with a serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.
Benefits of Intermittent FMLA Leave
Intermittent FMLA leave provides several benefits to eligible employees, including the ability to take leave in increments as small as one hour, job protection, and maintenance of health benefits. Employees may take intermittent leave for ongoing medical conditions, such as chronic illnesses, or to care for a family member with a serious health condition. The FMLA also provides protections against retaliation and interference with an employee’s exercise of FMLA rights.
| FMLA Leave Type | Leave Entitlement |
|---|---|
| Intermittent Leave | Up to 12 weeks in a 12-month period |
| Reduced Schedule Leave | Up to 12 weeks in a 12-month period |
| Continuous Leave | Up to 12 weeks in a 12-month period |
Employer Responsibilities Under the FMLA
Employers have several responsibilities under the FMLA, including providing eligible employees with notice of their rights and responsibilities, maintaining health benefits during the leave period, and reinstating the employee to their previous position or an equivalent one upon return. Employers must also keep records of employee leave, including the dates and hours of leave taken, and provide employees with a certification of their leave entitlement. The employer may require a medical certification to support the need for leave, and the employee must provide the certification within 15 days of the employer’s request.
Employee Rights Under the FMLA
Employees have several rights under the FMLA, including the right to take leave for certain family and medical reasons, job protection, and maintenance of health benefits. Employees must provide 30 days’ notice for foreseeable leave and make a reasonable effort to schedule treatments to avoid disrupting the employer’s operations. The employee must also provide the employer with a certification of their leave entitlement and keep the employer informed of their leave schedule.
What is intermittent FMLA leave?
+Intermittent FMLA leave is a type of leave that allows eligible employees to take leave in increments as small as one hour for ongoing medical conditions or to care for a family member with a serious health condition.
How do I apply for intermittent FMLA leave?
+To apply for intermittent FMLA leave, you must provide your employer with 30 days' notice for foreseeable leave and make a reasonable effort to schedule treatments to avoid disrupting the employer's operations. You must also provide your employer with a certification of your leave entitlement.
Can my employer deny my request for intermittent FMLA leave?
+Your employer can deny your request for intermittent FMLA leave if you are not eligible for leave or if you have not provided the required certification. However, the employer must provide you with notice of the denial and an explanation of the reasons for the denial.
In conclusion, the Intermittent Family Medical Leave Act provides eligible employees with the right to take leave for certain family and medical reasons, including intermittent leave for ongoing medical conditions. Employers must comply with the FMLA’s requirements, including providing eligible employees with notice of their rights and responsibilities, maintaining health benefits during the leave period, and reinstating the employee to their previous position or an equivalent one upon return. Employees must also provide their employer with 30 days’ notice for foreseeable leave and make a reasonable effort to schedule treatments to avoid disrupting the employer’s operations.
