What Are The Laws For Intermittent FMLA Leave?

FMLA Lawyers On Family Medical Leave Rights

The Family Medical Leave Act is a piece of legislation that we encounter often in our California employment law practice. It offers several legal protections to workers who anticipate or suddenly find themselves needing to temporarily leave their job to care for themselves or their family. Though some people only need to use a portion of their available leave time, others may be wondering if they can use their FMLA leave time in bits and pieces.

If you suspect that you have faced undue disciplinary action or wrongful termination due to your use of the FMLA, it may be in your best interest to contact a Los Angeles employment law attorney at our firm today.

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We can assist employees in requesting FMLA intermittent leave, following specific guidelines for using or documenting FMLA intermittent leave given to you by your employer, and how to avoid or defend against accusations of FMLA intermittent leave abuse.

The FMLA allows for employees who qualify (learn if you meet the FMLA requirements here) to take up to 12 weeks of unpaid leave during any 12-month period for reasons such as:

Caring for a newborn or child
Caring for an immediate family member with a serious health condition
Recovering from the employee’s own serious health condition
Caring for an injured family member who served in the military, which may grant up to 26 weeks of unpaid family medical leave

The leave offered by the FMLA (or, for that matter, California’s Fair Employment and Housing Act) does not have to be taken all at once. Intermittent FMLA is when an employee uses their 12 weeks of unpaid leave off and on. This is in contrast to continuous family medical leave or working a reduced work schedule. However, an employer may require that any accrued vacation or personal leave is used prior to taking the FMLA leave and significant advance notice to grant the leave.

What is FMLA Certification of Intermittent Leave?

Like with any FMLA claim, you will need to perform your due diligence and have adequate proof of your or your family member’s illness to use FMLA intermittent family leave. One way an employer may do this is by requiring a certification from your doctor that details your need for FMLA intermittent leave.

The FMLA certification form is from the Department of Labor and requires doctors to answer questions about how much intermittent leave will be needed and for how long. For example, if an employee will need to take off one day every two months for treatment, you will need a certification form that spells out this need and its duration. Employers can request recertification of intermittent FMLA medical leave every 30 days.

If an employer refuses to grant FMLA intermittent leave even with the proper certification, or if your employer is interfering with or retaliating against you for taking family and medical leave, you may need to contact an FMLA lawyer for assistance.

FMLA Lawyers Protecting California Employee Rights

Using FMLA leave intermittently is possible, but it must be handled in the right way to protect yourself from negative repercussions. If you anticipate that you may need to use FMLA leave at some point in the future, you can contact our office for help. An FMLA lawyer can help you make the best possible claim for taking intermittent FMLA, allowing you to care for yourself and your family when it counts the most.