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What are my state's rules for intermittent leave?

What your state's rules mean for how you can schedule intermittent absences

Quick answer
 Many states have their own laws governing intermittent leave for family and medical reasons, in addition to FMLA. Most allow intermittent leave in some form, though some restrict it to specific increments, require employer approval, or don't allow it at all. Find your state below for the specific rule that applies.

Who this applies to / Prerequisites

  • Employees and employers in a state with its own family or medical leave law. This list applies to private employers; public/state employers may have additional or different requirements. This list is not exhaustive of every state or local leave law.

Key facts (by state)

  • California: CFRA bonding leave requires no employer agreement but must generally be used in 2-week minimum increments, with an exception for shorter increments on at least 2 occasions. CA PDL allows intermittent leave when medically necessary. CA SDI/CA PFL allow intermittent leave in any increment.
  • Colorado: CFCA requires employer approval for intermittent bonding leave. CO FAMLI benefits aren't payable until the employee accumulates at least 8 hours of leave; intermittent bonding is allowed.
  • Connecticut: Both CT FMLA and CT PL require employer approval for intermittent bonding leave.
  • Delaware: DE PFML requires intermittent leave to be used in full-day increments and requires employer approval for intermittent bonding leave.
  • District of Columbia: DC FMLA reduced schedule bonding leave must be used within 24 consecutive workweeks and requires employer approval. DC PFL can only be paid in full-day increments; intermittent bonding leave is allowed, but employers should be notified which days will be used.
  • Florida (Miami-Dade County): MDC FLO requires employer approval for intermittent bonding leave.
  • Hawaii: HI TDI does not allow intermittent leave at all.
  • Illinois: IL NICU Leave requires leave to be used in increments of no less than 2 hours.
  • Maine: ME FMLA requires employer approval for intermittent bonding leave. ME PFML requires increments of no less than 1 hour; intermittent bonding leave is allowed.
  • Maryland: MD PLA requires employer approval for intermittent bonding leave.
  • Massachusetts: MA PFML requires employer approval for intermittent bonding leave, and benefits aren't payable until the employee accumulates at least 8 hours of leave. MA PLA requires employer approval for intermittent bonding leave, but it should not be unreasonably denied.
  • Minnesota: MPPLA requires employer approval for intermittent bonding leave (should not be unreasonably denied). MN PFML requires employers to allow up to 480 hours of intermittent leave; beyond that (up to 20 total weeks), employers can require continuous use. Intermittent bonding leave is allowed.
  • New Jersey: NJ FLI can only be paid in full-day increments; intermittent bonding leave is allowed. NJ FLA reduced schedules must reflect fewer days worked per week, not fewer hours per day (unless otherwise agreed); intermittent/reduced schedule leave has a 12-month maximum, and only one reduced schedule leave is permitted per 24-month period; intermittent bonding leave is allowed. NJ TDI intermittent leave requires employer approval; employees returning from continuous leave can transition to a partial schedule and still receive benefits with employer agreement.
  • New York: NY DBL benefits can only be used continuously. NY PFL can only be paid in full-day increments; intermittent bonding leave is allowed. NY Prenatal Leave can only be used in full-day increments.
  • Oregon: OFLA allows intermittent leave. PLO can only be used in full-day increments; intermittent bonding leave is allowed.
  • Rhode Island: RI PFMLA does not allow intermittent leave at all. RI TDI allows intermittent and reduced schedule leave with employer agreement for up to 12 weeks after an approved continuous leave. RI TCI does not allow intermittent leave at all.
  • Vermont: VT PFLA allows intermittent leave, including intermittent bonding leave. VT STFL allows employers to require leave in 2-hour increments.
  • Washington: WA PFML intermittent leave can only be used in increments of 4 consecutive hours; intermittent bonding leave is allowed.
  • Wisconsin: WI FMLA allows intermittent bonding leave, but employees must schedule it so it doesn't unduly disrupt the employer's operations.

What if it doesn't work

  • My state isn't listed here: This list is not exhaustive — contact your Leave Success Manager with questions.
  • If none of these apply, contact your Leave Success Manager.

Limits and exceptions

  • These rules apply generally to private employers; public/state employers may face additional or different requirements.
  • This list is not exhaustive of every state or local leave law.

Related questions

  • How does intermittent leave work under FMLA?
  • Does Tilt support paid sick and safe time leave?