Intermittent FMLA Leave in Allen, TX
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What Is the Family Medical Leave Act (FMLA)?
Employment attorney Dan A. Atkerson explains the basics of the FMLA. With more than 40 years in legal practice since his 1984 admission to the State Bar of Texas, Mr. Atkerson understands national workplace statutes and the nuances of Texas employment law. If you have any questions about the FMLA, intermittent leave, or your rights and protections as a worker, Mr. Atkerson and his team can provide the answers you are looking for.
What Is Intermittent FMLA Leave?
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid medical leave a year, depending on the circumstances. However, the law also allows employees to use their 12 weeks of unpaid absence on an intermittent basis. This is sometimes referred to as reduced schedule leave.
By taking intermittent leave, eligible employees can use up their 12 weeks of leave in separate blocks of time instead of taking all 12 weeks of leave consecutively.
These intermittent blocks of time may be as short as a few hours during a work day in order to attend medical appointments or meet other obligations. In other words, the law will allow for your absence in order to tend to protected needs, whether that absence occurs in one uninterrupted block of time or smaller increments.
What Counts As a Serious Health Condition?
According to FMLA guidelines, a serious health condition is any physical or mental illness, injury, or impairment that:
- Requires inpatient hospital care
- Is considered a chronic serious health condition
- Causes incapacity that is permanent or long-term
- Results in incapacity for more than three days with continuing medical care
- Requires multiple treatments
You can also claim FMLA leave if you are incapacitated due to pregnancy or prenatal care.
Limitations to Intermittent FMLA Leave
Generally, you can take your intermittent FMLA leave in whatever increments your circumstance requires. For some, this may be as little as an hour or two a week. However, there are certain limitations on the amount of leave one can take:
The total time you take cannot exceed 12 weeks within a 12-month period
You must notify your employer 30 days prior to starting your leave, or as soon as reasonably possible
You must work a total of 1,250 hours in the previous 12 months to continue to qualify for leave
Your employer can require you to use paid vacation and/or sick days concurrently with FMLA leave
FMLA Leave and Reasonable Employer Requests
If you would like to exercise your right to intermittent leave, your employer may require certification of your medical condition. This means that your physician must provide written proof of your diagnosis and treatment needs. According to FMLA guidelines, you have 15 days to provide this certification after requesting leave.
If there is reason to doubt the initial medical certification, your employer can require that you get a second opinion about your condition. In this case, your employer may specify the medical facility or physician you see but must also cover the cost. However, your employer cannot require certification for every doctor’s visit or period of treatment for which you need leave.
Work During Intermittent Leave Calculating the Amount of FMLA Leave You've Used
While on intermittent leave, the hours an employee works cannot be counted against their FMLA entitlement. For example, if an employee normally works 40 hours a week and now works just 16 hours a week on a leave schedule, they have only used 24 hours of their FMLA leave time that week.
