Definition of Intermittent Leave

morrisg

I'm curious, I cannot find anywhere where FMLA makes a distinction in time between intermittent leave and regular FMLA leave. That is, it would be nice to know how many days or hours must be used to determine when an event is intermittent vs. regular leave, since the regs are different on this, for example, the care of a newborn child.

Margaret Morford

I'll try to help on this one. Intermittent leave is when the employee still works some time during the leave period. This can be an hour a week. You must grant intermittent leave for the employee's serious medical condition or a family member's serious medical condition. This can include intermittent leave due to extreme morning sickness or anything connected with pregnancy. Remember, pregnancy related illnesses are serious health conditions under FMLA.

However, it is the employer's option to grant intermittent leave for the birth of a child or the adoption of a child. The purpose of this leave is to bond with the child. It must be taken within 12 months of the birth or adoption of the child. My recommendation is that you do not permit intermittent for these two FMLA situations. Too many of my clients have been burned with people who want every Friday off for the next 12 months to bond with their child. (Yeah right!) Once employees want to take FMLA for these two situations, you should require that they take the leave continious until they wish to return or their 12 weeks runs out. Most employees can afford to take every Friday off, but can't afford taking 12 continious weeks off.

As Balloonman says, "That's my two cents for whatever it is worth."

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]