Intermittent FMLA: When You Need Flexibility

What Is Intermittent FMLA?

Intermittent FMLA is a provision under the Family and Medical Leave Act that allows eligible employees to take leave in separate, non-consecutive blocks of time due to a single qualifying reason. Unlike traditional FMLA leave, which is typically taken as continuous weeks or months away from work, intermittent leave provides flexibility for employees dealing with chronic health conditions, ongoing medical treatments, or unpredictable medical needs.

The leave can be taken in increments as small as one hour or even shorter periods, depending on the employer’s timekeeping system. This flexibility makes intermittent FMLA particularly valuable for employees managing conditions that require periodic medical appointments, treatments, or recovery periods but don’t necessitate extended continuous absence from work.

According to federal regulations under 29 CFR § 825.202, intermittent leave must be medically necessary, and the medical certification should address why such a schedule is required. The Department of Labor estimates that FMLA has been utilized more than 460 million times since its inception, with intermittent leave accounting for a significant portion of these instances.

Difference Between Intermittent Leave and Reduced Schedule Leave

While often used interchangeably, these terms have distinct meanings:

• Intermittent Leave: FMLA leave taken in separate blocks of time for the same qualifying reason (e.g., periodic treatments, flare-ups of chronic conditions)
• Reduced Schedule Leave: A temporary change in the employee’s regular schedule that reduces working hours per day or per week (e.g., working part-time instead of full-time for recovery)

Who Qualifies for Intermittent FMLA?

Eligibility for intermittent FMLA requires meeting both employee and employer criteria, plus having a qualifying reason for leave.

Employee Eligibility Requirements

To qualify for intermittent FMLA, employees must meet these criteria:

• Employment Duration: Worked for the employer for at least 12 months (does not need to be consecutive)
• Work Hours: Completed at least 1,250 hours of service during the 12 months immediately preceding the leave
• Work Location: Work at a location where the employer has 50 or more employees within 75 miles

Employer Coverage

FMLA applies to:

• Private sector employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year
• All public agencies (federal, state, and local government employers) regardless of employee count
• Public and private elementary and secondary schools

Qualifying Reasons for Intermittent Leave

Intermittent FMLA is available for specific qualifying reasons:

• Employee’s Own Serious Health Condition: Chronic conditions requiring periodic treatment (e.g., diabetes, asthma, migraines, mental health conditions)
• Family Member’s Serious Health Condition: Caring for a spouse, child, or parent with a serious health condition requiring intermittent care or support
• Military Caregiver Leave: Caring for a covered servicemember with a serious injury or illness (up to 26 weeks)
• Qualifying Exigency: Addressing certain situations arising from a family member’s military deployment
• Birth or Placement: Only available with employer agreement for healthy births/adoptions; automatic for newborns or mothers with serious health conditions

The medical certification must demonstrate that intermittent leave is medically necessary and that the condition cannot be better accommodated through continuous leave.

5-Step Process to Obtain Intermittent FMLA

Securing intermittent FMLA requires careful navigation through documentation, communication, and coordination. Here’s the detailed process:

Step 1: Verify Your Eligibility

Before initiating the request process, confirm you meet all eligibility requirements. Review your employment records to verify:

• Your total months of employment (including non-consecutive periods)
• Hours worked in the past 12 months (check pay stubs or HR records)
• Your employer’s size and location relative to the 50-employee threshold

Step 2: Consult Your Healthcare Provider

Schedule an appointment with your healthcare provider to discuss your need for intermittent leave. Your provider must complete the Certification of Health Care Provider form (Form WH-380-E for employee’s condition or Form WH-380-F for family member’s condition). The certification should include:

• Diagnosis and expected duration of the condition
• Frequency and duration of treatment required
• Medical justification for why intermittent leave is necessary
• Expected pattern of absences (e.g., weekly appointments, unpredictable flare-ups)

Healthcare providers should be specific about the treatment regimen and why the condition requires an intermittent schedule rather than continuous leave.

Step 3: Notify Your Employer

Provide notice to your employer as early as possible:

• Foreseeable Leave: Give at least 30 days’ advance notice when the need for leave is known (e.g., scheduled treatments, planned surgery)
• Unforeseeable Leave: Notify your employer as soon as practicable, typically within one or two business days of learning of the need for leave

Contact your HR department or designated FMLA administrator to request the appropriate forms. While you don’t need to mention “FMLA” specifically, you should provide enough information for the employer to understand the leave is for a qualifying reason.

Employers must respond within five business days, either provisionally approving the leave or requesting additional information.

Step 4: Submit Complete Medical Certification

Employees typically have 15 calendar days to return the completed medical certification to their employer. The certification must:

• Be completed by a licensed healthcare provider
• Include all required information about the medical condition and treatment plan
• Specifically address the medical necessity of intermittent leave
• Estimate the frequency and duration of leave needed

If the initial certification is incomplete or insufficient, employers may request clarification or authentication. Employers may also require a second opinion at their expense if they have reason to doubt the certification’s validity.

Keep copies of all submitted documentation for your records.

Step 5: Coordinate Leave Schedule and Track Usage

Once approved, work with your employer to implement the intermittent leave schedule:

• Scheduling: When possible, schedule foreseeable treatments to minimize workplace disruption while meeting medical needs
• Reporting: Follow your employer’s standard absence reporting procedures for each instance of leave
• Tracking: Monitor your leave usage to ensure you don’t exceed your 12-week (or 26-week for military caregiver) annual entitlement
• Recertification: Be prepared to provide updated medical certification every six months or when requested by your employer based on changed circumstances

Employers track intermittent leave usage in increments no greater than the shortest period used for other leave types (typically one hour). Leave is counted only for time actually taken, not for scheduled work time.

Remember that intermittent FMLA is job-protected leave. Employers cannot retaliate against you for taking approved FMLA leave or interfere with your rights under the law.

State-by-State Requirements: Top 10 States

While federal FMLA sets the baseline, many states offer additional protections or paid leave benefits. Here’s a comparison of requirements in the top 10 most populous states:

Important Note: When state and federal laws both apply, employers must comply with the law that provides greater protection to employees. Many states are implementing or expanding paid family leave programs, so check your state’s current requirements.

For the most current information about your state’s specific requirements, visit your state’s Department of Labor website or consult with an employment attorney.

How FMLADocs Works for FMLA Certification

Obtaining proper medical certification is often the most challenging step in securing intermittent FMLA. FMLADocs offers a streamlined telehealth solution that simplifies this process while ensuring compliance with FMLA documentation requirements.

The FMLADocs Process

• Create Your Account: Register on the FMLADocs platform with basic information and medical history
• Schedule Virtual Consultation: Book an appointment with a licensed healthcare provider at your convenience, often with same-day or next-day availability
• Complete Video Visit: Discuss your medical condition, treatment needs, and work limitations during a secure video consultation
• Receive Certification: If medically appropriate, the provider completes the required FMLA certification form (typically delivered within 24-48 hours)
• Submit to Employer: Download and submit the completed certification to your HR department

Benefits of Using Telehealth for FMLA

• Accessibility: No need to take time off work or travel to a doctor’s office
• Speed: Faster appointment scheduling compared to traditional in-person visits
• Convenience: Complete consultations from home or any private location
• Documentation: Digital records and certifications for easy submission and storage
• Privacy: Secure, HIPAA-compliant platform protecting your health information

FMLADocs providers are licensed professionals who understand FMLA requirements and can assess whether intermittent leave is medically appropriate for your condition. However, they can only provide certification when medically justified based on their evaluation.

Expected Timeline and Costs

Understanding the timeline and potential costs involved in obtaining intermittent FMLA helps you plan accordingly and avoid surprises.

Timeline for Intermittent FMLA Approval

Total Timeline: From initial notification to approval typically takes 2-4 weeks for straightforward cases, though complex situations or incomplete documentation can extend this period.

Tip: Starting the process early, especially for foreseeable medical needs, helps ensure smooth approval without interrupting your access to leave when needed.

Cost Considerations

Leave Costs:

• Federal FMLA: Unpaid leave (no wage replacement from federal program)
• Employer Policies: Some employers allow or require use of accrued paid time off (vacation, sick days) during FMLA leave
• State Programs: States with paid family leave programs may provide 50-90% wage replacement (funded through payroll taxes)

Medical Certification Costs:

• Initial Certification: Typically ranges from $0-$200 depending on your healthcare provider and insurance coverage
• Telehealth Services: Usually $50-$150 per consultation, often less expensive than traditional office visits
• Recertification: May require additional provider visits every 6-12 months at similar costs
• Second Opinion: If required by employer, paid at employer’s expense (not employee’s responsibility)

Insurance During Leave:

• Employers must maintain group health insurance coverage during FMLA leave on the same terms as if you continued working
• You remain responsible for your normal employee share of premiums

Remember that while intermittent FMLA itself doesn’t cost anything to apply for, the unpaid nature of federal leave and costs associated with medical care and certification should factor into your financial planning.

Conclusion

Intermittent FMLA provides essential flexibility for employees managing chronic health conditions, ongoing treatments, or caring for family members with serious medical needs. By understanding the eligibility requirements, following the proper application process, and maintaining clear communication with your employer, you can successfully navigate intermittent leave while protecting your job and maintaining your health.

Remember that while federal FMLA establishes baseline protections, many states offer enhanced benefits including paid leave programs. Whether you choose traditional healthcare providers or modern telehealth services like FMLADocs, obtaining proper medical certification is crucial to securing your intermittent FMLA rights.

If you’re considering intermittent FMLA or currently using it, stay informed about your rights, document all communications with your employer, and don’t hesitate to seek legal advice if you encounter violations or retaliation. Your health and job security are worth protecting.

Frequently Asked Questions