Intermittent leave allows you to take as little as an hour of leave a week to receive treatment, which your employer cannot refuse. However, special restrictions may apply if you wish to take intermittent maternity leave. Generally, you must get approval from your employer if you wish to continue working part-time while on maternity leave.
You must be allowed to return to your position or a position with equivalent pay and benefits. Your employer cannot fire, demote or otherwise discriminate against you due to your need for intermittent leave.
Generally, you can take your intermittent FMLA leave in whatever increments your condition requires. For some, this may be as little as an hour or two a week. However, there are certain limitations:
- 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 still work a total of 1,250 hours a year to continue to qualify for leave.
- Your employer also can require you to use your paid vacation and/or sick days concurrently with your FMLA leave.
Reasonable Employer Requests
If you would like to exercise your right to intermittent leave for a serious health condition, your own or for an immediate family member, then your employer may require medical certification. 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.
Additionally, 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.