Intermittent FMLA Leave: Your Guide to Flexible, Job-Protected Time Off

Last updated 4 weeks ago ago. Our resources are updated regularly but please keep in mind that links, programs, policies, and contact information do change.

Understanding Your Right to Flexible Medical Leave

The Family and Medical Leave Act (FMLA) offers crucial job protection for employees needing time off for specific family and medical reasons. While many think of FMLA leave as a continuous block of time, the law also provides flexibility for ongoing health issues or family care needs.

Sometimes, an employee might need time off periodically—perhaps a few hours for treatment or a few days during a flare-up—or need to adjust their regular work schedule temporarily. This type of leave is known as “intermittent” FMLA leave or a “reduced leave schedule.”

Understanding how this flexible leave works, who qualifies for it, and the rights it provides is essential for managing health and family responsibilities without jeopardizing employment. FMLA aims to provide job-protected leave, offering peace of mind during challenging personal times.

What is the Family and Medical Leave Act?

The Family and Medical Leave Act is a cornerstone U.S. federal law enacted in 1993. Its primary purpose is to help employees balance work responsibilities with pressing personal or family health needs, as well as significant family events like the arrival of a new child.

The law recognizes that workers should not have to choose between job security and caring for themselves or their loved ones during times of serious health conditions or major life changes.

Under the FMLA, eligible employees working for covered employers are entitled to take unpaid, job-protected leave for specified reasons. A critical protection is the requirement for employers to maintain the employee’s group health insurance coverage during the leave period under the same terms and conditions as if the employee had remained actively working.

This ensures employees don’t lose vital health benefits while addressing their FMLA-qualifying needs. Furthermore, upon conclusion of FMLA leave, the employee generally has the right to be restored to their original job position or to an equivalent position with similar pay, benefits, and other terms of employment.

More details can be found on the U.S. Department of Labor’s Wage and Hour Division website.

Decoding Intermittent FMLA Leave

FMLA leave doesn’t always require a continuous absence from work lasting several weeks. For certain qualifying situations, particularly those driven by medical necessity for oneself or a family member, the FMLA allows eligible employees to take leave on an “intermittent” basis or to work a “reduced leave schedule.”

This flexibility is a key feature for managing health conditions or care responsibilities that don’t require a full-time absence but do impact an employee’s ability to maintain their regular work routine.

Intermittent Leave

This refers to taking FMLA leave in separate, distinct blocks of time due to a single qualifying reason. These blocks can vary in length – from a couple of hours for a medical appointment to several days or even weeks taken periodically.

Common examples include:

• An employee taking two hours off twice weekly for ongoing physical therapy sessions
• An employee needing to miss a few days of work each month when a chronic health condition like migraines or asthma flares up

Reduced Leave Schedule

This involves a temporary reduction in an employee’s usual number of working hours per day or per week for a specific period.

For instance:

• An employee recovering from surgery might be medically cleared to return to work but only for four hours a day instead of their usual eight
• An employee might work only three days a week instead of five for a set duration

The ability to use FMLA leave in these non-continuous ways is particularly vital for individuals managing chronic health conditions or those needing periodic treatments that disrupt but do not completely halt their work capacity.

It’s important to note a key distinction: while intermittent or reduced schedule leave is an entitlement when medically necessary for a serious health condition (either the employee’s own or a covered family member’s), its use for bonding with a newborn or newly placed child requires the employer’s agreement. This difference underscores FMLA’s design to prioritize unavoidable medical needs for flexible scheduling while allowing employers more input on scheduling for bonding leave.

Further details are available in DOL Fact Sheet #28F: Reasons for Taking FMLA Leave and the FMLA regulations.

Who Can Take FMLA Leave? Checking Your Eligibility

Eligibility for FMLA leave involves meeting requirements related to both the employer and the employee. It’s a threshold issue – both sets of criteria must be satisfied for an employee to be entitled to FMLA protections, including intermittent leave.

Employer Requirements

Not every employer in the U.S. is subject to the FMLA. For the law’s protections to apply, an employee must work for a “covered employer.” The DOL defines covered employers as:

Private-Sector Employers: Those who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year. This includes joint employers and successors in interest. Critically, the 50-employee threshold is often tied to employees working within a 75-mile radius of the employee’s worksite.

Public Agencies: All public agencies, including federal, state, and local government entities, are covered regardless of the number of employees they have.

Schools: Elementary and secondary schools, both public and private, are covered employers regardless of their number of employees.

Employee Requirements

Simply working for a covered employer is not enough; the employee must also meet specific eligibility criteria. These criteria act as filters, determining which employees are entitled to FMLA leave:

Tenure: The employee must have worked for the covered employer for a total of at least 12 months. These 12 months do not need to be consecutive. This provision can be beneficial for employees who have had breaks in service, such as seasonal workers or those who left and later returned to the same employer. However, employment periods preceding a break in service of seven years or more do not count towards the 12 months, unless the break was due to military service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA) or if a written agreement states otherwise.

Hours Worked: The employee must have worked at least 1,250 hours for the employer during the 12-month period immediately preceding the date the FMLA leave is scheduled to begin. This averages out to approximately 24 hours per week over the year. This requirement means that many employees working part-time schedules may not meet this specific threshold and therefore may not be eligible for FMLA leave, even if they meet the tenure requirement. Specific rules for calculating hours worked apply to airline flight crew employees.

Worksite Location: The employee must work at a location where the employer employs at least 50 employees within a 75-mile radius. This test is based on the number of employees at and within 75 miles of the employee’s specific worksite, not the total number of employees in the company nationwide. Consequently, an employee working for a large national corporation might still be ineligible for FMLA if their particular office or facility is small and geographically isolated from other company locations. Employers are prohibited from transferring employees between worksites simply to manipulate employee counts and evade FMLA coverage.

It’s worth noting that federal employees covered under Title 5 FMLA regulations administered by the Office of Personnel Management (OPM) have slightly different eligibility rules, particularly regarding the 1,250-hour requirement (which doesn’t apply to them) and exclusions for certain temporary or intermittent federal appointments.

Quick FMLA Eligibility Checklist

To help determine potential eligibility, consider this checklist based on the standard DOL requirements:

Note: This table provides a quick reference based on standard FMLA rules. Specific situations or employment types (like federal employees or flight crews) may have variations.

Why You Might Need Intermittent FMLA: Qualifying Reasons

Once an employee is confirmed eligible and works for a covered employer, FMLA leave, including intermittent leave or a reduced leave schedule when appropriate, can be used for several specific qualifying reasons defined by the DOL.

For most qualifying reasons, an eligible employee is entitled to a total of up to 12 workweeks of FMLA leave within a designated 12-month period. A separate, longer entitlement exists for military caregiver leave, allowing up to 26 workweeks in a single 12-month period.

Intermittent or reduced schedule leave is frequently utilized for the following FMLA-qualifying reasons:

Your Own Serious Health Condition

An employee can use FMLA leave if they have a “serious health condition” that renders them unable to perform the essential functions of their job. The definition of a “serious health condition” under FMLA is broad and encompasses conditions requiring either inpatient care (e.g., an overnight stay in a hospital, hospice, or residential medical care facility) or “continuing treatment” by a healthcare provider.

Intermittent leave is particularly relevant for conditions involving continuing treatment, such as:

Chronic Conditions: These are conditions that require periodic visits for treatment by a healthcare provider (defined as at least twice per year), continue over an extended period, and may cause episodic rather than continuous periods of incapacity. Examples include asthma, diabetes, epilepsy, severe migraines, or other conditions that flare up periodically, causing temporary inability to work. Employees can use intermittent FMLA for these flare-ups or related treatments, even if the absence is relatively short.

Ongoing Treatments: Situations requiring multiple treatments for restorative surgery after an injury, or for conditions that would likely result in incapacity of more than three days if left untreated. Examples include chemotherapy or radiation for cancer, physical therapy for severe arthritis, or dialysis for kidney disease. Intermittent leave covers time needed for the treatments themselves and any associated recovery period.

Pregnancy-Related Issues: Any period of incapacity due to pregnancy itself or for necessary prenatal care appointments falls under the definition of a serious health condition. This allows for intermittent leave for things like severe morning sickness or required check-ups.

Detailed definitions and criteria for serious health conditions are outlined in DOL Fact Sheet #28P: Taking Leave from Work for Birth, Placement, and Bonding with a Child under the FMLA and DOL Fact Sheet #28G: Certification of a Serious Health Condition under the FMLA, as well as FMLA regulations.

Routine medical exams are generally excluded unless inpatient care is involved.

Caring for a Family Member with a Serious Health Condition

FMLA leave is available for eligible employees to provide care for an immediate family member who has a serious health condition. The definition of “immediate family member” under FMLA is specific and includes:

Spouse: A husband or wife as defined or recognized under the law of the state where the marriage took place. This includes common law marriages and same-sex marriages. It also covers marriages validly entered into outside the U.S. if they could have been entered into in at least one state.

Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (meaning someone who has day-to-day responsibilities to care for or financially support the child, regardless of biological or legal relationship). The child must generally be under 18 years of age. However, FMLA leave is also available to care for a child who is 18 or older if they are “incapable of self-care” because of a mental or physical disability at the time the FMLA leave is to commence.

Parent: A biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to the employee when the employee was a child. This means someone who assumed parental responsibilities for the employee during their childhood. Importantly, the FMLA definition of “parent” does not include parents-in-law.

The act of “caring for” a family member under FMLA encompasses both physical and psychological care. This includes:

• Providing assistance with basic medical, hygienic, nutritional, or safety needs
• Help with transportation
• Providing physical care like bathing or dressing
• Offering psychological comfort and reassurance to a family member receiving inpatient or home care

Intermittent FMLA leave might be necessary for an employee to take a family member to doctor’s appointments, attend care conferences, or provide essential care during periods when the family member’s condition flares up and incapacitates them.

The definition of family members is further clarified in DOL Fact Sheet #28B: Definition of “Son or Daughter” under the FMLA and Fact Sheet #28C: Definition of “Parent” under the FMLA (available via DOL website).

Military Family Leave Exigencies

Eligible employees may use FMLA leave for “qualifying exigencies” that arise when the employee’s spouse, son, daughter, or parent is a military member on covered active duty or has been notified of an impending call or order to covered active duty. This often involves deployment to a foreign country.

Intermittent leave can be particularly useful for managing various needs related to a family member’s deployment, such as:

• Making alternative childcare arrangements
• Attending military ceremonies or briefings
• Meeting with financial advisors or legal counsel
• Spending time with the military member during short-term rest and recuperation leave (subject to limitations, e.g., 5 days per period)

Specific details on qualifying exigencies are available in DOL Fact Sheet #28M(c): Qualifying Exigency Leave under the FMLA.

Important Note: Using Intermittent Leave for Baby Bonding

While FMLA provides up to 12 weeks of leave for the birth of a child or the placement of a child for adoption or foster care, allowing parents to bond with their new child, there’s a specific rule regarding how this leave can be taken.

Unlike leave for medical necessity, using bonding leave intermittently (e.g., taking off one day a week) or on a reduced leave schedule (e.g., working part-time for a period) requires the employer’s approval. If the employer does not agree, bonding leave must generally be taken in a single, continuous block.

Furthermore, any FMLA leave for bonding must be concluded within the 12-month period following the child’s birth or placement. This distinction highlights how the right to take leave intermittently is primarily tied to medical necessity under FMLA, reflecting a balance between employee needs and potential operational disruptions for employers.

Navigating the Process: Using Intermittent FMLA

Successfully utilizing intermittent FMLA leave involves understanding and following specific procedures regarding notification, potential medical certification, and how leave time is tracked. The process generally follows steps outlined by the DOL.

Notifying Your Employer

Employees are required to provide their employer with adequate notice of their need for FMLA leave.

Content of Notice: An employee does not need to explicitly mention “FMLA” when requesting leave. However, they must provide sufficient information to make the employer aware that the absence may be FMLA-qualifying. This could involve explaining the reason for the absence, such as mentioning incapacity due to a health condition, the need for medical treatment, hospitalization, or the need to care for a qualifying family member with a serious health condition.

Once an employer is aware of a potentially FMLA-qualifying reason for leave, they should inquire further if more information is needed. For subsequent absences for the same condition, the employee may need to specifically reference the condition or the need for FMLA leave.

Timing of Notice:

Foreseeable Leave: If the need for leave is predictable, such as for planned medical treatments (surgery, chemotherapy, physical therapy, prenatal appointments), the employee must generally provide the employer with at least 30 days’ advance notice. If 30 days’ notice is not practicable (e.g., learning about the need for leave less than 30 days in advance), notice must be given as soon as possible and practical.

When intermittent leave is needed for planned medical treatment, employees are required to make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer’s operations, although the schedule is ultimately subject to the approval of the healthcare provider.

Unforeseeable Leave: When the need for leave is unexpected, such as a medical emergency or a sudden flare-up of a chronic condition requiring absence from work, the employee must provide notice as soon as practicable under the circumstances. This typically means complying with the employer’s usual and customary procedures for reporting absences (e.g., calling a specific number before the shift starts), unless unusual circumstances prevent the employee from doing so.

Details on employee notice requirements are covered in DOL Fact Sheet #28E: Employee Notice Requirements under the FMLA.

The Medical Certification Process

For FMLA leave requested due to the serious health condition of the employee or a covered family member, the employer has the right to request medical certification from a healthcare provider to support the need for leave.

Employer’s Request: The employer must request medical certification in writing, typically when the employee gives notice of the need for leave or within five business days thereafter. The request must inform the employee of the consequences of failing to provide adequate certification.

Required Information: A complete and sufficient certification must contain specific information, including the contact information of the healthcare provider, the approximate date the serious health condition began, its probable duration, and relevant medical facts regarding the condition.

If the leave is for the employee’s own condition, it must include a statement that the employee is unable to perform their job functions. Crucially for intermittent leave, the certification must establish the medical necessity for taking leave intermittently or on a reduced schedule and provide an estimate of the frequency (how often absences might occur, e.g., “2 times per month”) and duration (how long each episode might last, e.g., “1-2 days per episode”) of the needed leave.

Optional DOL Forms: The DOL provides optional-use forms (WH-380-E for the employee’s own serious health condition and WH-380-F for a family member’s) that healthcare providers can complete to provide the necessary information. These forms are available on the DOL website.

While employers can use their own forms, they cannot require information beyond what is specified in the FMLA regulations and must accept a complete and sufficient certification regardless of the format (e.g., on provider letterhead).

Employee’s Deadline: Generally, the employee must provide the requested certification to the employer within 15 calendar days after the employer’s request.

Addressing Deficiencies: If an employer finds a submitted certification to be incomplete (missing information) or insufficient (vague or ambiguous), they must notify the employee in writing, specify what additional information is needed, and give the employee at least seven calendar days to “cure” the deficiency. Failure to provide a complete and sufficient certification after being given the opportunity to cure can result in the employer denying FMLA protections for the leave.

Authentication and Clarification: An employer’s human resources professional, leave administrator, or management official (but not the employee’s direct supervisor) may contact the healthcare provider for the limited purposes of authenticating (verifying the provider issued the form) or clarifying the information in the certification. They cannot ask for additional medical details beyond what is permitted by FMLA regulations.

Recertification: Employers may request recertification under specific circumstances. For conditions expected to last for an extended period, recertification generally cannot be requested more often than every 30 days and only in connection with an absence, unless a minimum duration of longer than 30 days was stated on the previous certification (e.g., 6 months). In such cases, recertification can generally be requested at the end of that minimum duration.

However, an employer may request recertification more frequently (even within 30 days) if:

• The employee requests an extension of leave
• The circumstances described in the previous certification have changed significantly (e.g., frequency or duration of absences increases)
• The employer receives information that casts doubt on the employee’s stated reason for the absence or the continuing validity of the certification

The certification process serves as the primary mechanism for verifying the need for FMLA leave, especially the often complex patterns associated with intermittent leave.

How Intermittent Leave Time is Counted

Accurate tracking of intermittent FMLA leave is crucial for both employees and employers. The FMLA regulations have specific rules about how this time must be accounted for:

Smallest Increment Rule: An employer must track FMLA leave using an increment no larger than the shortest period of time the employer uses to account for other forms of leave (like sick leave or vacation leave), provided that increment is no more than one hour.

For example, if an employer allows employees to use sick leave in 15-minute increments, then FMLA leave must also be tracked in increments of 15 minutes or less. If an employer normally only accounts for leave in four-hour blocks, they must still track FMLA leave using an increment of one hour or less. This rule ensures that employees are not charged for more FMLA leave than they actually take, which is particularly important for preserving the total 12-week (or 26-week for military caregiver) entitlement when leave is taken in small chunks.

Actual Time Taken: Only the amount of leave actually taken may be counted against the employee’s FMLA entitlement. If an employee uses 90 minutes of intermittent FMLA leave, only 90 minutes can be deducted from their total FMLA balance.

Salaried Exempt Employees: FMLA regulations permit employers to make deductions from the salary of an otherwise exempt employee for unpaid FMLA leave taken on an intermittent or reduced schedule basis (i.e., for partial-day absences) without jeopardizing the employee’s exempt status under the Fair Labor Standards Act (FLSA). The amount deducted must correspond to the amount of FMLA leave time taken, calculated based on the employee’s normal work schedule.

Proper tracking according to these rules is essential for FMLA compliance.

Your Protections Under FMLA

The FMLA provides significant protections to ensure that eligible employees can take necessary leave without facing negative employment consequences. These protections are fundamental to the law’s purpose.

Returning to Your Job (Reinstatement Rights)

Perhaps the most critical protection offered by the FMLA is the right to job restoration. Upon returning to work after taking FMLA leave (whether taken as a continuous block, intermittently, or via a reduced schedule), an employee must generally be restored to their original job or to an “equivalent” job.

An “equivalent job” is defined as one that is virtually identical to the employee’s original position in terms of pay, benefits, and other terms and conditions of employment. This includes factors like shift, work location, duties, responsibilities, and opportunities for bonuses or advancement.

Taking FMLA leave cannot result in the loss of any employment benefit the employee had earned or accrued before the leave began. Furthermore, FMLA absences cannot be counted against an employee under “no-fault” attendance policies, where employees accumulate points for absences regardless of the reason.

This job protection provides crucial security, reducing the stress employees might face if forced to choose between their job and addressing serious health or family needs.

Details are available in DOL Fact Sheet #28A: Employee Protections under the FMLA.

Keeping Your Health Insurance

During any period of FMLA leave, the employer is required to maintain the employee’s coverage under any group health plan under the same terms and conditions as if the employee had continued to work. This means the employer must continue to pay its share of the premium. The employee remains responsible for paying their share of the health insurance premium just as they did while actively employed.

If the employer changes health plans or benefits while an employee is on FMLA leave, the employee is entitled to the new or changed benefits to the same extent as if they were not on leave. This protection ensures continuity of vital health coverage during a time when it may be most needed.

Freedom from Retaliation and Interference

The FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of (or the attempt to exercise) any right provided by the Act. Employers are also prohibited from discriminating or retaliating against an employee for taking FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any FMLA-related proceeding (such as filing a complaint or testifying).

Examples of prohibited interference or retaliation include:

• Discouraging an employee from taking FMLA leave
• Manipulating an employee’s essential job functions to preclude them from taking leave
• Counting FMLA leave under disciplinary attendance policies
• Taking adverse employment actions, such as termination, demotion, suspension, reduction in hours, or assigning undesirable shifts, because an employee exercised their FMLA rights

These anti-interference and anti-retaliation provisions are critical for ensuring that employees feel safe and empowered to use the FMLA leave they are entitled to, without fear of punishment. This is particularly relevant for intermittent leave, which can sometimes create scheduling challenges for employers, making the protection against retaliation especially important.

Further information can be found in DOL Fact Sheet #77B: Protection for Individuals under the FMLA.

Employer Duties Regarding Intermittent FMLA

Covered employers have specific responsibilities under the FMLA to ensure compliance and uphold employee rights, particularly concerning the often complex administration of intermittent leave.

Providing Necessary Information (Notices)

Employers are obligated to provide employees with specific notices regarding their FMLA rights and responsibilities at various points in the leave process. Timely and accurate communication is key:

General Notice: Employers must display a poster summarizing FMLA provisions in a conspicuous place accessible to employees and applicants. The DOL provides the official poster. If the employer has an employee handbook or other written guidance on benefits and leave, FMLA information must be included there. If not, general FMLA notice must be provided to new employees upon hiring.

Eligibility Notice: When an employee requests FMLA leave or the employer acquires knowledge that leave may be for an FMLA-qualifying reason, the employer must notify the employee of their eligibility to take FMLA leave within five business days, absent extenuating circumstances. This notice (often combined with the Rights and Responsibilities notice using DOL Form WH-381) must state whether the employee is eligible and, if not, provide at least one reason why.

Rights and Responsibilities Notice: Along with the eligibility notice, the employer must provide the employee with written notice detailing their specific expectations and obligations under FMLA, and the consequences of failing to meet them. This includes information about any requirement for medical certification, the employee’s right to substitute paid leave, premium payment arrangements for benefits, job restoration rights, and potential status as a “key employee”.

Designation Notice: Once the employer has enough information to determine whether the leave qualifies as FMLA leave (e.g., after receiving a sufficient medical certification), they must notify the employee in writing within five business days that the leave is designated and will be counted as FMLA leave. This notice (DOL Form WH-382 is optional) must inform the employee how much leave will be counted against their entitlement, if known. If the medical certification is incomplete or insufficient, the designation notice may state that and explain what additional information is required.

These notice requirements, detailed in DOL Fact Sheet #28D: Employer Notification Requirements Under the FMLA, ensure employees are informed throughout the FMLA process.

Handling Medical Information (Certification)

When requesting and managing medical certifications, employers must adhere to strict rules designed to protect employee privacy while allowing for verification of the need for leave:

Limited Scope: Employers may only request medical information that relates specifically to the serious health condition for which FMLA leave is sought, consistent with the information allowed by FMLA regulations.

Process Adherence: Employers must give employees the required time (15 days initially, 7 days to cure deficiencies) to provide certification.

Confidentiality: Medical information obtained through the FMLA process must be kept confidential and maintained in files separate from regular personnel records.

Contact Restrictions: Direct supervisors are prohibited from contacting an employee’s healthcare provider regarding FMLA certification.

Tracking Leave and Maintaining Records

Employers bear the responsibility for accurately tracking FMLA leave usage, including intermittent or reduced schedule leave, using increments that comply with FMLA rules (no larger than the shortest increment used for other leave, not exceeding one hour).

They must also maintain records pertaining to FMLA compliance, such as dates FMLA leave was taken, hours of leave if taken in increments less than a full day, copies of notices given to employees, documents describing benefits and leave policies, premium payments for benefits, and records of any disputes.

Upholding Employee Rights

Fundamentally, employers must ensure they do not interfere with, restrain, or deny employees’ FMLA rights. This includes upholding job restoration rights upon return from leave and ensuring the continuation of group health benefits during leave. Preventing retaliation against employees who use or inquire about FMLA leave is a core employer duty.

Intermittent FMLA Leave: Real-World Examples

Applying the FMLA rules to everyday situations can help clarify how intermittent leave functions. Here are some common scenarios where an eligible employee might use intermittent FMLA leave, based on DOL guidance and definitions:

Chronic Condition Management

An employee diagnosed with severe asthma occasionally experiences attacks triggered by environmental factors, requiring them to leave work early or miss a full day with little notice. They also have quarterly appointments with a pulmonologist.

Supported by a medical certification detailing the chronic condition, the need for periodic treatment, and the potential for episodic incapacity, the employee uses intermittent FMLA leave to cover both the scheduled appointments and the unpredictable absences due to asthma attacks.

Ongoing Therapy

Following knee surgery, an employee needs physical therapy sessions twice a week for three months to regain mobility. Their healthcare provider certifies the need for these sessions as part of the recovery from a serious health condition.

The employee arranges with their employer to leave work two hours early on Tuesdays and Thursdays for therapy, using intermittent FMLA leave to cover this time off.

Caring for a Parent

An employee’s mother is undergoing chemotherapy for cancer. The treatment schedule requires appointments every three weeks, and the side effects often leave her incapacitated for a day or two following treatment.

The employee obtains FMLA certification for their mother’s serious health condition. They use intermittent FMLA leave to drive their mother to her chemotherapy appointments and to stay home and provide necessary care (assisting with meals, medication, personal needs) during the days she experiences severe side effects.

Pregnancy-related Absences

During the first trimester of pregnancy, an employee suffers from severe morning sickness (hyperemesis gravidarum), making it difficult to work a full day consistently. Their doctor certifies this as a period of incapacity related to pregnancy.

The employee uses intermittent FMLA leave to cover occasional late arrivals or early departures when the nausea is debilitating.

These examples illustrate the practical application of intermittent FMLA for managing predictable treatment schedules and unpredictable periods of incapacity related to serious health conditions affecting either the employee or a covered family member. They show how the flexibility of intermittent leave helps employees balance necessary medical care and work responsibilities.

Key Resources for Intermittent FMLA

Here are some essential resources to help you navigate the intermittent FMLA process:

FMLA Regulations

• Electronic Code of Federal Regulations – FMLA Provisions

U.S. Department of Labor Resources

• DOL FMLA Main Page
• FMLA Employee Guide
• FMLA Forms
• FMLA Fact Sheets

Medical Certification Forms

• WH-380-E (Employee’s Serious Health Condition)
• WH-380-F (Family Member’s Serious Health Condition)

Notice Forms

• WH-381 (Notice of Eligibility and Rights & Responsibilities)
• WH-382 (Designation Notice)

These resources can help both employees and employers understand and comply with FMLA requirements for intermittent leave.

Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.