Intermittent FMLA Leave can be taken in blocks

FMLA talks about intermittent FMLA leave and reduced leave schedule. They are two different things. They are frequently confused. They’re basically handled the same way but there are two different approaches to the same benefits. Both have to be medically necessary.

Intermittent FMLA leave is taken a chunk of time in separate blocks. Standard FMLA leave is of course you take 1, 2, 3, and 4 anywhere up to 12 weeks in one giant chunk. But it’s possible that an employee may want to take two weeks here, two weeks there. And it’s obvious that both of these involved a certain degree of foresee-ability.

Leave for regular treatments for example is going to involve the employees going to another facility which has to have a schedule, days of the week, hours per day. The consequences of treatment may include periods of incapacity or periods of prep.

The employee and his or her healthcare provider are going to be in a position to advise the employer best as to what are the demands of the treatment. The employer is in the best position to determine the extent of disruption that intermittent FMLA or reduced schedule leave will or will not create.

The only way all of this information that’s required to make a decision about intermittent FMLA leave and reduced schedule leave becomes available is through the certification process. Because obviously, we got a serious health condition we’re dealing with certification, we’re dealing with foresee-ability.

Intermittent FMLA leave is individual time blocks

In basic terms, intermittent FMLA leave are discreet blocks of time and reduced leave schedule is basically a part time schedule where the time lost from full time employment is taken from that 12-week block of a leave allowed by the law. You got an employee who needs to get dialysis two days a week, Mondays and Thursday from 9:00 to 2:00. They’re going to be out from 9:00 to 2:00, two days a week. If they’re going to be on a reduced leave schedule because you’re going to change their hours from say 9:00 to 5:00 Monday through Friday to 9:00 to 5:00 Tuesday, Wednesday and Friday and say 3:00 to 6:00 on Tuesdays and Thursdays.

For example, if somebody asks for 12 weeks for pregnancy leave, one doesn’t get into an analysis of whether they actually need 12 weeks for maternity leave. They’re entitled to 12 weeks for maternity leave, the same thing for paternity leave or for adoption. Nobody gets into an analysis as to whether you really need a 12 weeks.

If somebody has bypass surgery and the doctor says, “I want you out for eight to 12 weeks” and there is a certification and that’s a done deal. Medical necessity isn’t something that we typically see focused on in your standard FMLA leave question, issue or claim.

Where we do see it more important is where we’re talking about intermittent leave and reduced schedule leave. Because the nature of the molding the leave to the employer’s need and the employee’s need necessitates or requires that there be a medical necessity for that leave.

Otherwise it doesn’t make sense for the employer to go to this time. And this is really going above and beyond just a standard 12 weeks leave on the employer’s part. When leave is foreseeable the employee must consult with the employer before scheduling treatment in order to create a schedule which best suits both party. The law provides the ability.