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How does intermittent leave work under FMLA?

What you can expect with intermittent FMLA leave

Quick answer
 Intermittent leave is generally allowed under the FMLA, but with limitations. If intermittent leave is needed for foreseeable, planned medical treatment, an employer may require a temporary transfer to an available alternative position with equal pay and benefits. Intermittent or reduced schedule leave for the birth, adoption, or foster placement of a child requires the employer's approval.

Who this applies to / Prerequisites

  • Employees requesting intermittent or reduced schedule FMLA leave.

Key facts

  1. When intermittent leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so it does not unduly disrupt the employer's operations.
  2. Intermittent or reduced schedule leave for the birth, adoption, or foster placement of a child requires the employer's approval — it is not automatically available.
  3. If an employer temporarily transfers an employee to an alternative position during intermittent leave, that position must have equal pay and benefits, and the employer must still comply with other applicable laws (e.g., ADA, state/local laws) and any applicable collective bargaining agreements.
  4. An employer may not use a temporary transfer to discourage an employee from taking leave or to otherwise create a hardship for the employee.
  5. When the employee is able to return to full-time work, they must be placed in the same or an equivalent job.

What if it doesn't work

  • I think my employer transferred me to discourage me from taking leave: Contact your Leave Success Manager to discuss your situation.
  • If none of these apply, contact your Leave Success Manager.

Limits and exceptions

  • Intermittent or reduced schedule leave for bonding with a new child requires employer approval under FMLA — this is different from intermittent leave for the employee's own or a family member's serious health condition.

Related questions

  • What medical paperwork do I need for intermittent FMLA leave?
  • What are the different ways I can take leave?