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When one of your employees needs time away from work to care for a serious health condition—their own or a family member's—the law is clear: eligible employees are entitled to job-protected leave under the Family and Medical Leave Act (FMLA).
But what happens when that leave doesn’t come in one long stretch?
Intermittent FMLA leave is one of the most misunderstood and challenging aspects of managing employee absences. It doesn’t just raise compliance questions—it affects scheduling, workload distribution and team morale, especially in smaller organizations where every employee plays a critical role.
As a certified HR professional and Director of HR at Axcet, I work closely with business leaders across the country who are navigating this issue. My goal here is to simplify what intermittent FMLA is, clarify your responsibilities as an employer and help you manage these requests lawfully and confidently.
RELATED: FMLA Rules - FAQs and Compliance Checklist >>
Intermittent FMLA leave is available to eligible employees working for a covered employer:
Intermittent FMLA leave allows employees to take time off in separate blocks due to a serious health condition or the serious health condition of a qualifying family member. The leave might span a few hours, days, or weeks over time—rather than one extended period.
💡 Tip: Always review applicable state laws, as they may expand employee protections or eligibility.
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Employees using intermittent FMLA leave draw from the same 12-week total as those taking continuous leave. The difference lies in how that time is used:
Employers must track all variations accurately against the employee’s total 12-week entitlement.
Federal law requires employers to allow intermittent leave when it is medically necessary for the treatment or recovery of a serious health condition.
Examples include:
However, intermittent leave for bonding with a new child is treated differently. If an employee requests intermittent FMLA for baby bonding (not related to a medical need), employers may deny that request and require the employee to take leave in a continuous block.
📌 If the newborn or newly placed child has a serious health condition, intermittent leave must be permitted.
RELATED: What's the Difference Between Short-Term Disability and FMLA Leave? >>
Reduced schedule leave is a type of intermittent FMLA where the employee works fewer hours per day or fewer days per week due to a documented medical need.
Employers should:
✅ Temporary transfers must offer the same pay and benefits and be better suited to the leave schedule.
Yes, if the serious health condition is ongoing and properly documented, employees may be eligible to use intermittent FMLA leave on a recurring, annual basis.
The U.S. Department of Labor reaffirmed in a February 2023 opinion letter that employees with valid, certified health conditions can take intermittent or reduced schedule leave year after year, provided they do not exceed their 12-week entitlement within each 12-month period.
📎 Special rules apply to military caregiver leave, which allows up to 26 weeks in a 12-month period.
RELATED: Unraveling the FMLA in Uncommon Situations >>
Employees on intermittent leave are entitled to job protection. When possible, employees should make a reasonable effort to schedule treatment so it doesn't disrupt business operations.
Intermittent FMLA leave is complicated, but with the right structure in place, it doesn't have to derail your business.
At Axcet HR Solutions, we help small and mid-sized businesses stay compliant with the FMLA—providing guidance on documentation, leave tracking, and communication strategies that protect both the organization and its employees.
If you need support navigating intermittent FMLA requests, our certified HR services team is ready to help you manage leave lawfully, efficiently and with empathy.
Connect with Axcet HR Solutions to learn more »
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