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FMLA intermittent leave is qualifying leave taken in separate blocks of time rather than one continuous absence, such as recurring migraines, weekly therapy, or chemotherapy appointments. Employers must count it in increments as small as those used for other leave, and it draws against the same twelve-week entitlement.
Intermittent leave and its cousin, a reduced work schedule, are available whenever medically necessary for a serious health condition, whether the employee's own or a covered family member's, and for qualifying exigencies related to military service. For bonding with a new child, intermittent use requires employer agreement unless a state law provides otherwise.
Time is counted against the entitlement in the smallest increment the employer uses for other forms of leave, and never in increments larger than one hour, as the DOL fact sheet on calculating FMLA leave explains. An employee who misses two hours for an appointment uses two hours, not a full day. Employers may temporarily transfer an employee on foreseeable intermittent leave to an alternative position with equivalent pay and benefits that better accommodates recurring absences.
Administration is where employers get into trouble. The certification should specify the expected frequency and duration of episodes, and if actual usage significantly exceeds it, for instance every Friday for a condition certified as occurring monthly, recertification is available. Just as important, FMLA absences cannot count as occurrences under an attendance policy, and a bonus conditioned on perfect attendance may be withheld only if the same treatment applies to employees on other equivalent unpaid leave.
In the smallest increment the employer uses for other kinds of leave, and never in increments larger than one hour. An employee who misses two hours for an appointment uses two hours of entitlement, not a full day. Rounding short absences up to a half or full day is a common and expensive administrative error.
Yes, temporarily, when the leave is foreseeable and based on planned treatment. The alternative position has to offer equivalent pay and benefits and simply needs to accommodate the recurring absences better than the regular role does. It cannot be used as a penalty, and the employee returns to the original position afterward.
Protected absences cannot be counted as occurrences under an attendance policy. A bonus conditioned on perfect attendance may be withheld only when employees on other equivalent unpaid leave are treated the same way. Applying the rule inconsistently is what turns an ordinary attendance program into an interference claim.