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Intermittent FMLA Leave

When an employee seeks intermittent leave under the Family and Medical Leave Act (FMLA), the employee is requesting to take leave for a single qualifying reason in separate blocks of time rather than in one block of time. An employee may take intermittent leave for both planned and unplanned medical treatment or medical issues and for military exigencies.

Intermittent FMLA leave opens the door for abuse by employees and makes it more difficult for employers to prevent such abuse. In order to prevent abuse, employers need to follow through on the FMLA's notice requirements and the employer's own policies and procedures. Further, since the leave may be sporadic, employers need to be extra vigilant when counting and tracking leave taken to ensure the employee does not take more leave than the amount to which they are entitled.