Understanding Intermittent FMLA Leave
Can't take 12 weeks off all at once? Intermittent FMLA lets you take leave in smaller increments. Learn how it works and what employers can require.
Introduction
Not all health conditions require you to be out for weeks at a time. Chemotherapy. Physical therapy. Chronic migraines. For situations like these, FMLA offers **intermittent leave**—the ability to take your 12 weeks in smaller chunks.
What Is Intermittent Leave?
Intermittent FMLA leave allows you to take leave in separate blocks of time rather than one continuous period. This includes:
- **Reduced schedule:** Working fewer hours per day or week
- **Occasional absences:** Taking a day or partial day as needed
**Example:** You work Monday-Friday but need Wednesdays off for dialysis. That's intermittent leave.
When Is Intermittent Leave Allowed?
### Medical Necessity Intermittent leave is available when **medically necessary** for: - Your own serious health condition - Caring for a family member's serious health condition
Your healthcare provider must certify that intermittent leave is needed and estimate the frequency and duration.
### Bonding Leave (Limited) For birth, adoption, or foster placement, intermittent leave is **only allowed if your employer agrees**. Many employers require bonding leave to be taken in a single block.
How Time Is Calculated
Your employer tracks intermittent leave in the **smallest increment** they use for other leave types (usually 15 minutes to 1 hour).
**12 weeks = 480 hours (for a 40-hour/week schedule)**
Each partial-day absence is deducted from your total bucket.
What Employers Can Require
### Certification Your doctor must complete a certification form stating: - The condition requires intermittent leave - Estimated frequency (e.g., "1-2 times per week") - Estimated duration per episode (e.g., "2-4 hours")
### Temporary Transfer If your intermittent leave is predictable (same day each week), your employer **can temporarily transfer you** to a position that better accommodates the schedule—as long as it has: - Equivalent pay - Equivalent benefits
### Notice When your need for intermittent leave is foreseeable, you must provide advance notice and try to schedule appointments to minimize disruption.
Common Issues and Solutions
| Issue | Solution | |-------|----------| | Employer denies intermittent leave | Ensure certification clearly states "medically necessary" | | Disputes over frequency | Get specific estimates from your doctor | | Retaliation for frequent absences | Document everything; intermittent leave is protected |
Conclusion
Intermittent leave gives you flexibility to manage chronic conditions or ongoing treatments while keeping your job. The key is proper certification that clearly establishes medical necessity and expected frequency.
**Need the form?** Our [Form Finder](/forms) can help you get the right certification form.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*
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