When life brings you the unexpected, it may be necessary to take leave from work. This can occur in several ways. Here's a look at what reduced schedule and intermittent FMLA leave entails.
Intermittent Leave – Family and Medical Leave Act (FMLA) leave that is taken in irregular intervals for a single qualifying reason. For this, an employer may not require an individual to take more leave than necessary for the qualifying reason as well as the leave may only be counted against the individual’s FMLA entitlement for leave and not for the hours worked for the employer. Employers must also track the FMLA leave using the smallest increment of time used for other forms of leave subject to a 1-hour maximum.
Reduced Leave Schedule – Leave schedule that reduces an employee’s hours per workweek or workday for a period of time. This normally changes an employee from full-time to part-time for the period of time. An example of a reduced leave schedule is an employee who is recovering from a serious health condition and is not yet strong enough to work a full-time schedule.
Circumstances to take Intermittent or Reduced Leave Schedule:
- Medical Need – For one of these leaves to be taken due to an employee’s or a covered family member’s own health condition, or to care for a covered servicemember with a serious injury or illness, there must be a medical need for leave. The medical need must be one that is best accommodated through one of the two leaves.
- Leave may be taken when medically necessary for:
- planned and/or unanticipated medical treatment of a serious health condition or of a covered service member’s serious injury or illness;
- recovery from treatment or recovery from a serious health condition or a covered service member’s serious injury or illness; or
- providing care or psychological comfort to a covered family member with a serious health condition or a covered servicemember with a serious injury or illness.
- Periodic Treatment by a Healthcare Provider – Intermittent leave may be taken for an employee’s or covered family member’s own serious health condition, or of a covered servicemember with a serious injury or illness, that requires treatment by a health care provider periodically instead of one continuous period of time.
- Examples for intermittent leave may include leave needed for occasional medical appointments, or leave taken several days at a time spread over a 6-month period for things such as chemotherapy.
- Pregnant Employees – Intermittent leave may be taken for prenatal examinations or for her own conditions, such as periods of severe morning sickness.
- Chronic Serious Health Conditions/Serious Illness or Injury – Either of these leaves may be taken for absences where the employee or covered family member is incapacitated or unable to perform essential functions due to the chronic serious health condition or a serious injury or illness of a covered servicemember, even if he/she does not receive treatment by a healthcare provider.
- Birth or Placement – Leave may be taken after the birth of a healthy child or placement of a healthy child for adoption or foster care only if the employer agrees. However, an employer’s agreement is not required for leave during which the mother has a serious health condition in connection with the birth of her child or if the newborn child has a serious health condition.
- Qualifying Exigency – Either leave may be taken due to a qualifying exigency.
For more information on these leave schedules, visit AssuredPartners Employee Benefits.
Source: HR Daily Advisor | Managing Intermittent and Reduced Schedule Leave