Tracking intermittent Family and Medical Leave Act (FMLA) usage is a complex requirement for employers seeking to maintain legal compliance. Intermittent leave, taken in small, non-consecutive increments, demands meticulous record-keeping to ensure adherence to federal regulations. Establishing a robust and consistent tracking system is necessary to accurately monitor an employee’s protected time off. This guide details the practical steps and processes required for effective monitoring of intermittent FMLA.
Defining Intermittent FMLA
Intermittent FMLA leave involves taking protected time off in separate blocks of time, rather than a continuous absence. This leave is typically used for chronic health conditions that flare up periodically or for scheduled treatments. A reduced leave schedule, where an employee temporarily reduces their hours, is tracked similarly to intermittent leave.
Eligible employees are entitled to 12 workweeks of protected leave within a defined 12-month period. Employees must provide medical certification from a healthcare provider for all medically necessary intermittent leave. This documentation establishes the medical necessity and estimates the frequency and duration of expected absences.
The Necessity of Accurate Tracking
Accurate tracking of intermittent leave is a fundamental requirement for maintaining compliance with federal labor law. Failure to properly monitor these absences can lead to penalties from the Department of Labor’s Wage and Hour Division. Precise records are also necessary to defend against potential employee lawsuits alleging interference or retaliation for taking protected leave.
The consistent application of a tracking policy ensures fairness and predictability in benefit usage. Poor record-keeping can result in an employee inadvertently exhausting their entitlement, or an employer being unable to prove that an employee has surpassed their allotted time. Accurate records also support the management of payroll and the coordination of any substituted paid time off.
Establishing the Tracking Framework
Tracking begins with steps completed before the first hour of leave is taken. The employer must first determine the employee’s regular work schedule, which serves as the baseline for all usage calculations. This established schedule, including the number of hours and days per week the employee normally works, determines the total pool of hours available.
After receiving a complete medical certification, the leave must be formally designated as FMLA-qualifying, and the employee must be notified. A dedicated FMLA file system must be established to house all related documentation. Medical records must be stored separately from the employee’s standard personnel file. This file must be retained for at least three years, as required by law.
Calculating FMLA Entitlement Usage
The central challenge in intermittent FMLA tracking is converting non-consecutive hours taken into a fraction of the 12-workweek entitlement. The first step is converting the employee’s 12-week allowance into its hourly equivalent based on their established workweek. For example, an employee working 40 hours per week has a total entitlement of 480 hours (12 weeks multiplied by 40 hours).
Each intermittent absence must be deducted from this total hour bank. For employees with a varying work schedule, the calculation must be based on the average hours worked over the 12 months preceding the start of the leave. Only the time actually missed counts against the entitlement. The smallest increment tracked must not exceed one hour, or the smallest increment used for other forms of leave, whichever is smaller.
Daily Mechanics of Recording Intermittent Leave
Accurate daily tracking depends on a precise system for capturing data in real-time as absences occur.
Time Clock Coding
Payroll and timekeeping systems should utilize a specific code to flag all FMLA-protected time. This code is typically used alongside the employee’s chosen paid time off code (e.g., “VAC” or “SCK”) or an unpaid leave code. The dedicated FMLA code separates the protected time from other absences, ensuring the hours are routed correctly for FMLA usage calculation without interfering with payroll. Employees and supervisors must be trained to use this code even for short absences, such as a one-hour medical appointment.
Supervisor Reporting Forms
Supervisors must use standardized reporting forms for every intermittent absence. These forms require documentation of the exact date and time the employee left and returned to work, the duration of the absence, and confirmation that the employee stated the absence was for the FMLA-qualifying reason. Supervisors should only inquire whether the absence is related to the certified condition, not probe specific medical details. Timely submission of these forms to the human resources department is necessary to prevent delays in processing the leave.
Centralized HR Log
All reported intermittent hours must be aggregated into a single, centralized record, often maintained in specialized software or a master spreadsheet. This log serves as the authoritative source for the employee’s FMLA usage. Essential fields include the employee’s name and ID, FMLA start and end dates, total authorized hours, hours used for each absence, and the running remaining balance. This centralized system allows human resources to monitor the balance closely and generate necessary reports for compliance and internal management.
Managing Recertification and Employee Notification
Ongoing administrative maintenance is required once intermittent leave is in use to ensure the continued validity of the absences. Employers may request recertification of the medical condition no more often than every 30 days, and only in connection with an absence. If the certification specifies a duration longer than 30 days, recertification can still be requested every six months in connection with an absence.
Recertification can also be requested sooner if the circumstances of the leave have changed significantly, such as if the employee is taking time off more frequently than originally certified. The employer must notify the employee of the amount of leave used and the remaining balance. This notification should be provided in the initial designation notice and upon the employee’s request, which can be made once every 30 days if leave was taken during that period.
Addressing Common Tracking Difficulties
The day-to-day management of intermittent leave presents specific administrative challenges. The rule requiring employers to track FMLA usage in the smallest time increment used for other leave types, up to one hour, necessitates close coordination with the payroll system. For example, if the system tracks paid time off in 15-minute increments, FMLA absences must also be logged in 15-minute increments.
Managing employees with irregular or part-time schedules requires calculating the total entitlement based on the employee’s average workweek hours over the 12 months preceding the leave. If an employee exceeds the frequency or duration indicated on their medical certification, the employer should request a recertification to confirm the ongoing medical necessity of the modified absence pattern.