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Are there legal limits on how I can use intermittent or reduced schedule leave?

How the law shapes your intermittent or reduced schedule leave

Quick answer
 Yes. Depending on the reason for your leave and the applicable law, your employer may limit how you're allowed to use intermittent or reduced schedule leave. Under federal FMLA, some limitations apply to planned medical treatment and to leave for a new child. Many states also have their own increment requirements, approval rules, or outright restrictions on intermittent leave.

Who this applies to / Prerequisites

  • Employees requesting intermittent or reduced schedule leave under FMLA or a state leave law.

Key facts (federal — FMLA)

  1. When intermittent leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so it doesn't unduly disrupt the employer's operations.
  2. If FMLA leave is for the birth, adoption, or foster placement of a child, using intermittent or reduced schedule leave requires the employer's approval.

Key facts (by state)

  • California: Under CFRA, parental leave may be required to be used in two-week minimum increments, with an exception for shorter increments on at least two occasions.
  • District of Columbia: Under DC PFML, intermittent leave can only be paid in full-day increments.
  • Hawaii: Under Hawaii TDI, no intermittent leave is allowed at all.
  • New Jersey: Under NJ Paid Family Leave, intermittent leave can only be paid in full-day increments. Under the NJ Family Leave Act, intermittent leave must be taken in intervals of at least one week; reduced schedules must reflect fewer days worked per week, not fewer hours per day (unless employee and employer agree otherwise); reduced schedule/intermittent leave can run a maximum of 12 months; and only one reduced schedule leave is permitted per 24-month period.
  • New York: Under NY Disability Benefits Law and NY Paid Family Leave, intermittent leave can only be paid in full-day increments.
  • Rhode Island: Under the RI Parental and Family Medical Leave Act and RI Temporary Caregiver Insurance, no intermittent leave is allowed at all.
  • Tennessee: Under the Tennessee Family Leave Act, intermittent and reduced schedule leave is only required if the employer allows that type of leave for other temporarily disabled employees.
  • Washington: Under WA PFML, intermittent parental leave requires employer approval, and the minimum increment for any intermittent time is 8 hours.

What if it doesn't work

  • My state isn't listed here: This list is not exhaustive of every state — contact your Leave Success Manager with questions.
  • I'm not sure whether my planned leave use meets these requirements: Contact your Leave Success Manager for guidance.
  • If none of these apply, contact your Leave Success Manager.

Limits and exceptions

  • These limitations apply on top of, not instead of, an employer's own leave policies.
  • State limitations shown here may not reflect every applicable state or local law.

Related questions

  • What are the different ways I can take leave?
  • Can I use more than one type of leave at the same time?