Intermittent absence represents a specific type of protected workplace leave that is not taken all at once but rather in separate, non-continuous blocks of time. Navigating this framework presents distinct challenges for employees needing flexibility and for the organizations tasked with maintaining operational consistency. Understanding the specific legal underpinnings and procedural requirements is necessary for both parties to manage this arrangement effectively.
Understanding Intermittent Leave
Intermittent leave is characterized by an absence from work that is broken up into several smaller segments over a period of time. Unlike a traditional extended absence, this structure allows an employee to take time off only as needed for a single qualifying medical or family reason. The duration of these blocks can vary significantly, ranging from a few hours within a single workday to several full days taken sporadically across different weeks or months.
This flexible arrangement accommodates chronic or recurring health conditions that do not require a long, uninterrupted absence. The total time taken is cumulative and drawn from the employee’s annual leave entitlement. All sporadic absences must be linked to the initial single event or condition that qualified the employee for the protected leave.
The Legal Basis for Intermittent Leave
The primary legal framework protecting intermittent absence is the Family and Medical Leave Act (FMLA). This federal law guarantees eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons, including the flexibility of using that time intermittently.
To be eligible for FMLA protection, employees must meet three criteria related to their employment history and their employer’s size. The individual must have worked for the employer for at least 12 months, which do not need to be consecutive. They must also have completed a minimum of 1,250 hours of service during the 12-month period immediately preceding the start of the leave.
The employer must also be covered under the Act, generally meaning they have 50 or more employees working within a 75-mile radius. Meeting these requirements is necessary for the absence to be considered protected leave under federal law.
Comparing Intermittent and Continuous Leave
Protected leave falls into two categories based on how the time off is structured. Continuous leave involves a single, unbroken period of absence from work, such as taking 12 weeks off following a surgery. This type of leave has a definitive start and end date, requiring the employee to be away from their duties for the entire duration.
Intermittent leave is defined by its flexible, as-needed scheduling, where the employee returns to work between periods of absence. The scheduling is dictated by the unpredictable nature of the underlying condition, necessitating blocks of time off that might be scheduled weeks apart. This difference in scheduling is the primary distinction between the two types of protected absence.
Common Scenarios for Using Intermittent Leave
Intermittent leave is often utilized to manage chronic health conditions that flare up unpredictably. For example, an employee dealing with severe, recurring migraines or debilitating asthma attacks may need to miss work only when symptoms become incapacitating. This structure provides the flexibility to be absent for a few hours or a full day without penalty when an episode occurs.
Another frequent use involves scheduled, ongoing medical treatments and appointments that cannot be performed outside of working hours. This includes attending regular physical therapy sessions, receiving periodic chemotherapy or radiation treatments, or accompanying a family member to required dialysis appointments. These appointments often necessitate partial-day absences or a full day off on a specific, recurring schedule.
Partial day absences are also common when an employee needs to provide care for a covered family member during a specific time. This could involve transporting a parent to a doctor’s appointment or providing essential care for a child before or after school hours due to a serious health condition.
Employee Requirements for Requesting Leave
The request process begins with the employee providing notice to the employer. If the need is foreseeable, such as for a scheduled procedure, notice should be given 30 days in advance. If the absence is unpredictable, the employee must provide notice as soon as practicable, generally within one or two business days of learning of the need.
A central requirement is submitting a comprehensive medical certification form completed by a healthcare provider. This documentation must explicitly state that the underlying condition necessitates intermittent leave and provide an estimate of the frequency and duration of the expected absences. The provider certifies the medical necessity of the non-continuous schedule.
Employees are also expected to work constructively with their employer to schedule planned medical treatments in a way that minimizes disruption to business operations. While medical necessity takes precedence, the employee should make a reasonable effort to schedule non-emergency appointments outside of peak business hours. The employee is responsible for ensuring the certification is complete and returned within the legal timeframe.
Employer Duties and Managing Intermittent Leave
Employers have specific administrative and legal obligations when managing intermittent leave requests. A primary responsibility involves accurately tracking the time used against the employee’s annual protected leave allotment, which is equivalent to 12 workweeks. Since leave is taken in small increments, the employer must calculate the time used precisely, often down to the hour, to ensure the employee does not exceed their entitlement.
The employer must respond to a request for medical certification within five business days and clearly inform the employee of the leave designation. Confidentiality is paramount; all medical information received must be maintained in separate, secure files and not shared with general management.
In cases where the intermittent schedule is highly disruptive, the employer has the right to temporarily transfer the employee to an alternative position. This transfer must ensure the employee receives equivalent pay and benefits, preventing any financial penalty. Employers may also require a second medical opinion, at the company’s expense, if they doubt the validity of the initial certification.