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The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with the right to take unpaid time off from work for specific family and medical reasons. One of the key provisions under FMLA is the option for intermittent leave, which allows employees to take leave in separate blocks of time rather than one continuous period.
Intermittent leave is particularly useful in situations when an employee’s medical condition or family circumstances may require occasional absences from work. This type of leave is most commonly associated with conditions requiring ongoing treatment, such as chronic illnesses, maternity or paternity leave, and caring for a family member with a serious health condition.
To be eligible for intermittent leave under FMLA, an employee must have worked for their employer for at least 12 months, have accumulated a minimum of 1,250 hours of service in the previous year, and be employed at a worksite with at least 50 employees within a 75-mile radius. Once these eligibility criteria are met, an employee is entitled to up to 12 weeks of unpaid leave within a 12-month period.
When an employee needs intermittent leave, they are required to give their employer as much notice as is practicable under the circumstances. If the need for leave is unforeseeable, the employee should notify their employer as soon as possible, generally within one or two business days of discovering the need for leave.
The employer has the right to request medical certification for the need of intermittent leave. A medical certification is a document from a healthcare provider that contains relevant information about the employee’s medical condition and the need for intermittent leave. Employers can also ask for recertification if the need for leave extends beyond the initial certification period.
However, it is important to note that employers cannot delay or deny intermittent leave based solely on the fact that medical certification has not been provided. If the employee fails to provide the certification when requested, the employer must inform the employee in writing of the specific information required to complete the certification.
Intermittent leave can be taken in increments as small as one hour, depending on the employee’s needs and the convenience of the employer’s operations. For example, an employee undergoing chemotherapy might need to take leave for several hours a week over a few months. In this scenario, intermittent leave would accommodate the employee’s need for treatment without requiring them to take an extended period off from work.
It is essential for both employers and employees to understand that intermittent leave must be used for the purposes it was intended and not abused. FMLA provides protection to employees who use intermittent leave for valid reasons, but employers retain the right to request recertification and take action if they suspect the misuse of leave.
In conclusion, intermittent leave is a valuable provision under the Family and Medical Leave Act (FMLA), allowing eligible employees to take time off from work in separate blocks rather than one continuous period. This type of leave is particularly useful for those with chronic illnesses or caring for family members with serious health conditions. Employees must adhere to the notice and certification requirements, while employers have the responsibility to accommodate intermittent leave requests and ensure they are used appropriately. Understanding the guidelines surrounding intermittent leave is crucial for both employers and employees to maintain a successful work-life balance.
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