Legal Definitions - intermittent leave

Intermittent leave refers to a type of leave taken under the Family and Medical Leave Act (FMLA). The FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons.

Specifically, intermittent leave means taking FMLA leave in separate, non-consecutive blocks of time, rather than all at once, for a single qualifying reason. This could involve taking leave for a few hours, a day, or several days at a time, as needed. The total time taken is then deducted from the employee's overall FMLA entitlement, which is typically 12 weeks in a 12-month period, calculated on an hourly basis.

Qualifying reasons for intermittent leave generally include an employee's own serious health condition that prevents them from performing their job duties, or the need to care for a spouse, child, or parent who has a serious health condition.

Here are some examples of how intermittent leave might apply:

• Example 1: Employee's Own Ongoing Treatment

  Scenario: Sarah is undergoing physical therapy for a serious back injury. Her doctor requires her to attend therapy sessions twice a week, each lasting two hours, for several months.

  Explanation: Sarah can use intermittent FMLA leave to cover these two-hour therapy sessions. She is taking leave in separate, non-consecutive blocks (two hours, twice a week) for a single qualifying reason (her serious health condition and required treatment). Each two-hour period is deducted from her total FMLA entitlement, allowing her to manage her recovery without exhausting all her leave at once.

• Example 2: Caring for a Child with a Chronic Condition

  Scenario: Mark's young daughter has a chronic autoimmune disorder that requires regular specialist appointments and occasional unexpected hospital visits when her condition flares up.

  Explanation: Mark can utilize intermittent FMLA leave to take his daughter to her scheduled monthly specialist appointments or to be with her during an unexpected hospitalization. This allows him to be present for his daughter's care in non-consecutive segments of time, all related to her serious health condition, without having to take an extended, continuous leave from work.

• Example 3: Assisting an Elderly Parent

  Scenario: Maria's elderly mother lives alone and has early-stage dementia. Maria occasionally needs to take a full day off work to accompany her mother to medical appointments, assist with legal or financial matters, or ensure her safety during periods of increased confusion.

  Explanation: Maria's need to care for her mother's serious health condition qualifies for intermittent FMLA leave. She takes individual days off as needed, which are separate blocks of time, all linked to her mother's ongoing care. This allows her to fulfill her caregiving responsibilities without having to take an extended, continuous leave from her job.