There’s likely an argument to be made for “human resources” to be renamed “the compliance department,” and this argument wouldn’t be entirely wrong (even if it’s perhaps a bit reductionary). One of HR’s most important functions is ensuring that its organization remains compliant with a whole host of different local, state, and federal laws and regulations. But, while compliance is an extremely important and necessary function of any HR department, it’s not something that’s easily performed. Oftentimes, HR departments must navigate difficult or unique situations, necessitating an in-depth understanding of how different labor laws work. Without this understanding, businesses may be left exposed to a variety of legal issues.
At Payday HCM, we’re familiar with the importance of compliance—and the risk that comes with non-compliance. We receive lots of questions from clients regarding family and medical leave, particularly how it applies to the Family and Medical Leave Act. For some situations, employees may need to take more intermittent leave, but navigating situations like these can leave lots of different areas exposed for potential noncompliance.
That’s why, in this article, we’ll be going over what intermittent FMLA leave is and how it works. First off, we’ll start by going into the why of intermittent FMLA leave, outlining why and when employees may need to take less continuous family or medical leave. After that, we’ll dive deeper into the specifics of how intermittent FMLA leave works, looking at what the FMLA has to say about employees taking intermittent leave. Finally, we’ll go over some tips for navigating intermittent FMLA leave so that employers don’t need to feel left in the dark when it comes to intermittent FMLA leave.
In this article, you will learn:
- Why Do Individuals Need Intermittent FMLA Leave?
- How Does Intermittent FMLA Leave Work?
- Tips for Navigating Intermittent FMLA Leave
Why Do Individuals Need Intermittent FMLA Leave?
Before we get into understanding what intermittent FMLA leave is and how employers can navigate it, it’s important to understand why individuals may need to take family or medical leave in a more intermittent fashion.
Chronic and Episodic Medical Conditions
Intermittent family and medical leave exists because not all serious health conditions require continuous time away from work. Many conditions fluctuate or require periodic treatment, such as for chronic conditions like migraines, asthma, diabetes, autoimmune disorders, or epilepsy. These conditions can involve sudden flare-ups that temporarily prevent an employee from working but do not necessitate a prolonged absence.
Some employees require intermittent leave to attend regular medical appointments, such as chemotherapy, dialysis, physical therapy, or mental health counseling. In these situations, a reduced schedule or periodic time off may be medically necessary and explicitly protected under the Family and Medical Leave Act.
Mental Health and Family Care Needs
Mental health conditions are another common reason for employees taking intermittent medical leave. These conditions may involve episodic symptoms that temporarily interfere with an employee’s ability to work. Intermittent leave may also be required to care for a family member with a serious health condition when caregiving needs arise periodically rather than continuously.
In any case, what matters most is that, when it comes to family and medical leave, each situation is unique. Therefore, employers should be prepared to offer employees solutions that fit their needs and remain compliant with any rules and regulations.
How Does Intermittent FMLA Leave Work?
Now that we understand more about the importance of intermittent FMLA leave, we can dive into how intermittent FMLA leave works.
Leave Is Taken in Increments, Not Blocks
Although intermittent FMLA leave offers flexibility, it operates within the same legal framework as traditional FMLA leave. Intermittent FMLA allows employees to take leave in separate blocks of time or through a reduced work schedule. Importantly, only the actual time taken counts against the employee’s 12-week entitlement. For example, if an employee misses a few hours or a half-day due to a qualifying reason, only those hours are deducted.
Employers may require a medical certification confirming that intermittent leave is medically necessary. The certification should outline the nature of the condition, expected frequency of absences, and duration. If the documentation is vague or incomplete, employers are allowed to seek clarification from the employee.
Notice and Call-In Rules Still Apply
Even though intermittent leave can be unpredictable, employees are still required to follow their employer’s usual call-in and notice procedures, unless unusual circumstances prevent them from doing so. Notice must be given as soon as practicable, and employers may enforce reasonable reporting standards.
The FMLA also outlines that, for intermittent leave for certain medical treatments, the employee “must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation,” according to the U.S. Department of Labor. Employees may also take intermittent leave to care for a newborn child with manager approval and if the leave is taken within 12 months of birth.
Tips for Navigating Intermittent FMLA Leave
Now that we understand how intermittent FMLA leave works, we can go over some tips to ensure your organization’s leave policy meets everyone's needs.
Maintain an Employee-Centered, Compliant Approach
Intermittent family and medical leave should be approached with empathy and consistency, not skepticism. Yes, as with anything, it is certainly possible that individuals may try to take advantage of the system. To prevent this, employers should set clear policies—including how leave can be taken and for what reasons—to prevent casting doubt on an employee’s situation.
Employers should clearly explain how intermittent FMLA leave works once leave is approved. This includes outlining reporting procedures, documentation expectations, and how leave time will be tracked. Written policies and follow-up conversations can help to ensure consistency and reduce the likelihood of any issues occurring.
Train Managers to Understand the FMLA, Medical Certification Process
Most managers are involved with approving leave requests, but may not fully understand the rules and regulations that come with certain types of leave, including family and medical leave. Ensuring your managers receive proper training on federal and local regulations that dictate how or when employees are allowed to take family and medical leave is crucial to maintaining compliance.
The medical certification process is an especially notable sticking point for employers, as there are many different rules dictating when employers can request certification, when employees should respond, and when employees may need to recertify. The medical certification process is a crucial safeguard for ensuring employers can provide employees with medical leave—both continuous and intermittent—without having to worry about potential misuse.
Keep a Continuous Understanding of Intermittent FMLA Leave
Navigating family and medical leave can be tricky for both employers and employees alike. At the top of the priority list is ensuring employees in need of medical or family leave have their needs met. In some cases, this may be the employee’s first time utilizing family or medical leave. This means employers must be ready not only to handle all of the necessary compliance needs that accompany family and medical leave, but also help their employees navigate this process. Intermittent FMLA leave can be one type of leave that both employees and employers may not fully understand, leaving a lapse in compliance and in tools for employers helping to meet employee needs. With the information provided in this article, you’ll be able to provide employees with the assistance they need while still remaining compliant.
Compliance is one of the most important components of human resources. Whether it’s the FMLA or the FLSA or another federal or state-level regulation, HR departments must be ready to answer any question or solve any compliance-related issue at any time. This, of course, is obviously easier said than done. However, compliance begins with a fundamental understanding of what HR is and why your business needs it. Check out our article on the four reasons why your business needs HR for a breakdown on the full scope of HR and its role within your business.
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