Is Intermittent FMLA protected?

FMLA Lawyers Protecting California Employee Rights Using FMLA leave intermittently is possible. However, you must handle it in the right way to protect yourself from negative repercussions. If you anticipate that you may need to use FMLA leave, you can contact our office for help.

What is considered intermittent FMLA?

Intermittent FMLA is leave taken pursuant to the Family Medical Leave Act (FMLA) for a single injury, taken in separate, non-consecutive time periods rather than a single span of time.

How is intermittent FMLA calculated?

For computing intermittent leave, the period is mostly divided into hours. Like if an employee works for 40 hours every week, then his/her intermittent leave period shall be 40×12=480 hours. Therefore, the employee is eligible for 480 hours of intermittent leave.

What do you need to know about intermittent FMLA leave?

The intermittent FMLA leave is foreseeable. The leave based on the medical treatment or recovery planned for the employee. The leave is for a family member or veteran. The employee has the qualifications for the alternate position. The alternate position is better suited to accommodate the employee’s need for recurring leave time.

When does an employer need to approve FMLA leave?

When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operations. If FMLA leave is for the birth, adoption, or foster placement of a child, use of intermittent or reduced schedule leave requires the employer’s approval.

Can a company Count FMLA leave as no fault?

An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

When does an employer have to allow intermittent leave?

An employer may voluntarily allow intermittent leave whenever the employer agrees but is not always required to offer leave. New mother may work a reduced schedule for a time after giving birth or adopting a child if the employer consents.

What employers must offer FMLA?

Public agencies and the federal government. Any public agency, including federal agencies, state agencies, and county and city agencies are all required to provide FMLA benefits to employees.

What medical conditions are covered under FMLA?

Chronic or long-term health conditions that are incurable or could incapacitate the patient for five or more days are considered serious health conditions. Diabetes, asthma, epilepsy, migraines, physical therapy and allergy treatments are some of the chronic or long-term health conditions covered by FMLA.

Can FMLA be used intermittently?

FMLA and CFRA can be used for intermittent leave, including being late to work, if it is related to your disability. As such, this termination may be a violation of those laws. Further, it may be disability discrimination.

What qualifies me for FMLA?

Qualifying for FMLA. Conditions that qualify an employee for FMLA include the birth of a child and taking care of a newborn, placement of a child for adoption or state ordered foster care, an employee’s serious health condition, or the need to care for a spouse, child, or parent with a serious health condition.