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Intermittent Fmla

Workers Compensation Law Discussion

Intermittent Fmla

Postby Tolly » Wed Nov 09, 2016 2:07 pm

Hello,

How many consecutive days can you use intermittent fmla before your employer requests that you apply for a block leave? Thanks,

Douglas
Tolly
 
Posts: 53
Joined: Sun Jan 12, 2014 6:20 pm

Intermittent Fmla

Postby Bradyn » Fri Nov 11, 2016 7:17 pm

FMLA does not regulate a minimum or maximum time allotment to intermittent or continuous leave over and beyond the generally stated 13 weeks of protection provided that the increment of time the employer uses to count FMLA leave used is the shortest increment of time the employer would use for any other leave. Meaning, if the employer allows an employee to take 15 minutes of vacation leave, the employer must allow an employee to take 15 minutes of FMLA leave. The difference between the two is the ability to perform job duties and what the doctor's medical certification prescribes as appropriate. When we talk about full day increments of time and FMLA, the definition of intermittent leave can seem to become a bit hazy. However, the whole point of having intermittent leave is for the employee's ability to work a reduced schedule if he/she is able, as long as the employee makes a good faith effort to schedule treatment "so as not to disrupt unduly the employer's operations." The kicker is, employees must prove the medical necessity to take intermittent leave and must give the employer 30 days notice in advance if foreseeable(and if not foreseeable, as much notice as possible). The employer has the right to deny intermittent leave and may require the employee to take continuous blocks of time. An employer may voluntarily allow intermittent FMLA, but is definitely not required to do so. SO, I believe the answer in your case is that there is no set time that you can use FMLA via consecutive days intermittently before the employer requests that you go continuous. The employer may not deny an appropriately founded FMLA protected leave, but the employer is completely in control of when and what kind of FMLA leave he/she will or will not allow.

Hope this helps!

Shannon M. Reising, MSP, PHR
Bradyn
 
Posts: 46
Joined: Thu Jan 16, 2014 11:15 am

Intermittent Fmla

Postby Shelby » Tue Nov 15, 2016 2:21 am

Hello,

How many consecutive days can you use intermittent fmla before your employer requests that you apply for a block leave? Thanks,

Douglas
Shelby
 
Posts: 43
Joined: Sat Jan 18, 2014 3:45 pm


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