What Is Intermittent FMLA Leave?

You've probably heard of the Family and Medical Leave Act, the law that provides eligible employees with up to 12 workweeks of unpaid, job-protected leave over a 12-month period. (For military caregiver leave, that extends to 26 workweeks.)

But what should you do when a 12-week block of time does not meet the ongoing needs for your personal or family health situation? This is where intermittent leave comes in.

Intermittent FMLA is leave taken in separate blocks of time that can be broken down into as little as hours, partial days, or full days, rather than one continuous stretch for a qualifying health or family reason. This approach lets employees manage ongoing medical conditions, attend recurring treatments, or care for family members without taking extended time away from work all at once. It draws from the same allotted bank of time but is used in smaller chunks.

Who Qualifies for FMLA and/or Intermittent FMLA Leave?

The Family and Medical Leave Act (FMLA) was enacted in 1993 as a federal law to provide unpaid, job-protected leave for certain family and medical reasons. The medical leave act covers most public agencies, public and private schools, and private employers with 50+ employees within a 75-mile radius.

Eligibility for intermittent FMLA follows the same rules as any FMLA leave. You must work for a covered employer and meet the specific service requirements of:

• At least 12 months of employment with the employer (doesn’t have to be consecutive); and
• At least 1,250 hours actually worked in the 12 months before your leave begins.

Only hours actually worked count toward the 1,250-hour threshold, meaning paid time off, vacation, and prior FMLA time do not count. Once you are FMLA-eligible, you can generally use your 12-week allotment as a continuous block or intermittently, depending on your medical needs.

What Is Intermittent FMLA and How Does It Work?

Intermittent FMLA leave is leave taken in separate blocks of time due to a single qualifying reason. This differs from block leave, which constitutes an uninterrupted period away from work.

Intermittent leave can be:

• Planned: Weekly dialysis, chemotherapy sessions, physical therapy appointments, or prenatal examinations
• Unplanned: Migraines, asthma attacks, flare ups of chronic conditions, or periods of severe morning sickness

A reduced leave schedule is related but different, as it reduces an employee’s usual weekly hours or daily work schedule temporarily. For example, you might only work half-days for six weeks during post-surgery recovery. You must still be treated as full-time for health care benefits during this period.

Each increment of intermittent absence uses part of your 12-week entitlement. Employers can require you to take intermittent FMLA leave in minimum increments, but that increment cannot exceed one hour. This prevents employers from forcing you to take more leave time than medically necessary.

While employers must generally allow medically necessary intermittent leave, employees should make reasonable efforts to schedule planned medical treatment during times that would minimize disruption to the employer’s operations. For example, if you work the swing shift, try to schedule your appointments in the morning before going to work.

How to Claim FMLA and Intermittent FMLA

To request FMLA leave intermittently, you follow the same basic process as continuous leave but add details about frequency and duration.

• Foreseeable leave: Provide at least 30 days’ advance notice when possible (like scheduled surgery or planned medical appointments).
• Unforeseeable leave: Give notice as soon as practicable (like sudden hospitalizations or acute flare-ups).

When requesting leave, tell your employer that the absence is for a reason that might be FMLA-qualifying, when the expected start date is, and how often and how long absences are expected to occur. Your employer can require medical certification from a health care provider describing:

• The serious health condition
• Why intermittent leave is medically necessary
• Expected frequency and duration of episodes
• Any treatment schedule for follow-up care

You must typically follow your employer’s ordinary call-in and attendance procedures for each intermittent absence unless unusual circumstances prevent you from doing so. If you fail to follow these procedures without a valid reason, your job protection may be affected.

Always keep personal records of your intermittent FMLA time used, such as dates and hours, to compare against your employer's tracking.

Should You Use PTO Before Filing for FMLA?

In most cases, you should not deliberately exhaust paid time off (PTO) before asking for FMLA if you know you have or may develop a qualifying serious health condition. Once your employer knows that a request for PTO is for an FMLA qualifying reason, they must designate the absence as FMLA-qualifying. Time off taken only as PTO without this designation may not be job-protected - and you could face attendance disciplinary actions later when you need protected time for the same condition.

Many employers either require or allow employees to use accrued PTO or sick leave concurrently with FMLA. This means you can receive pay while still getting FMLA’s job protection.

Example: An employee with a chronic condition like diabetes uses scattered PTO days for medical appointments without mentioning FMLA. Six months later, when they need more time off, the employer counts those earlier absences against their attendance record. Had they designated the leave as FMLA from the start, those absences would have been protected.

Be sure to ask HR whether PTO will run concurrently with FMLA and how that interacts with intermittent leave. This ensures you do not unintentionally lose job protection or pay.

Can You Take FMLA or Intermittent FMLA for Mental Health Reasons?

Yes, FMLA can cover serious mental health conditions for you or for a qualifying family member if the condition involves incapacity or ongoing treatment by a health care provider.

Mental health conditions that may qualify include:

• Major depressive disorder
• Bipolar disorder
• Severe anxiety disorders
• PTSD
• OCD
• Eating disorders
• Substance use disorders under treatment

Examples of taking intermittent FMLA leave for mental health might look like:

• Recurring therapy or psychiatry appointments (2 hours off one day a week)
• Periodic intensive outpatient programs
• Time off during acute episodes when you’re unable to work (occasional full days when a panic disorder flares)

Your employer must keep medical and mental health information separate from personnel files and cannot share it broadly. Each absence counts against your FMLA leave entitlement as intermittent time.

How Long Does FMLA and/or Intermittent FMLA Last?

Eligible employees typically have up to 12 workweeks of FMLA leave in a defined 12-month period. Again, intermittent leave draws from this same 12-week bank.

Employers choose how they measure the 12-month period (calendar year, fixed year, or rolling), which affects when new leave becomes available. Check your employee handbook for your employer’s specific policy.

How is intermittent time calculated?

Each hour or partial day converts into a fraction of a workweek based on your normal schedule.

As an example, let's say an employee needs to use 4 hours each week of intermittent FMLA to drive one hour away to see their specialist, two hours for the appointment, and one hour for the return drive. Multiply 12 weeks of leave by 40 hours per week and the employee is allotted 480 hours of leave. Because this employee only uses 4 hours per week, their FMLA would last approximately 120 weeks if only used for this specific medical need. However, they would need to re-qualify after each 12-month period if they needed to continue with the appointments.

Can you be disciplined for attendance if your absences are approved as intermittent FMLA?

Employers may not count properly designated FMLA absences against you under no-fault attendance or point systems. However, you can still face discipline for absences that aren’t FMLA-protected, such as failing to provide enough information, not following call-in rules, or for misconduct unrelated to leave. Remember to keep your own record of approved intermittent days or hours in case disputes arise.

Can your employer specify when you're allowed to use intermittent FMLA?

Employers cannot arbitrarily limit intermittent FMLA usage if it’s medically necessary and properly certified. For planned medical treatment, you should try to schedule appointments so as not to unduly disrupt the employer’s business.

Does FMLA Pay You? How Does Pay Work with Intermittent Leave?

FMLA itself is unpaid. You are not automatically paid for time away from work, regardless of whether leave is continuous or intermittent.

However, payment can come from other sources:

• Accrued paid leave: Many employers allow or require using vacation, PTO, or sick leave concurrently with FMLA.
• State programs: Some states offer paid family leave benefits that can run alongside FMLA.
• Short-term disability: If your company offers this benefit, it may cover certain qualifying conditions.

With intermittent leave, each absence may be coded as both FMLA and paid leave (if available).

How Does Intermittent Leave Work for Common FMLA Scenarios?

There are many real-life situations where intermittent leave would be preferred over a 12-week block of time. Keep in mind that intermittent leave typically requires medical necessity documentation and remains legally protected even when it creates scheduling challenges for employers.

On another note, employers may need to temporarily transfer employees to an alternative job with equivalent pay and benefits that better accommodates recurring periods of leave. The position must be genuinely equivalent, and the employee should return to their original or equivalent position when intermittent leave ends. A transfer cannot be used as punishment or retaliation under the Americans with Disabilities Act or FMLA protections.

Keep in mind that employers may also require confirmation that each absence relates to the approved FMLA reason and may seek recertification periodically, which might occur as frequently as every 30 business days or when circumstances change substantially.

Employee’s Own Serious Health Condition

Intermittent FMLA covers chronic conditions that cause episodic incapacity or require regular treatment. For example:

• Periodic half-days for chemotherapy or dialysis
• Time off for flare ups when unable to perform essential job functions
• Reduced schedule FMLA leave during recovery (working four 8-hour days instead of five after a heart procedure)

Medical certification should outline all the details employers need to know, such as expected frequency and duration, to justify intermittent use.

Pregnancy, Childbirth, and Baby Bonding

During pregnancy, intermittent FMLA can cover:

• Prenatal medical appointments
• Pregnancy-related complications
• Reduced schedules when medically necessary (such as severe morning sickness)

After birth, bonding leave is usually continuous. Intermittent bonding leave usually requires an employer agreement (for example, one day per week off over several months). Bonding leave must be used within 12 months of birth or placement.

Special FMLA rules apply for those adopting or fostering children to have similar bonding entitlements.

Caring for a Family Member with a Serious Health Condition

Intermittent FMLA can also apply when you are caring for a spouse, child, or parent with a serious health condition. For example:

• Taking a parent to medical appointments
• Staying home during a qualifying family member’s post-surgery recovery
• Needing a reduced schedule on specific days to provide hands-on care after a stroke

Mental Health Conditions (Employee or Family Member)

Serious mental health conditions support intermittent leave when your treatment or symptoms interfere with your ability to work. Those needs might include:

• Recurring therapy sessions
• Medication management visits
• Periods of acute depression where you are unable to work
• Time supporting a child’s intensive mental health treatment

Employers cannot retaliate against employees for appropriately using intermittent FMLA for mental health. All related records must remain confidential.

Where Can I Find More Information about FMLA / Intermittent Leave?

Check your employee handbook to learn about your company's FMLA policy. If you still have questions, reach out to HR. You can also find information on the U.S. Department of Labor's Family and Medical Leave page or this DOL employee guide.

If you are an employer needing to set up a policy or have questions about a specific scenario, please contact your certified Stratus HR expert. Not a current Stratus HR client? Book a free consultation and our team will contact you shortly.