When Can FMLA Leave Be Taken Intermittently?
Aside from the Ohio employment laws outlined in the Ohio Revised Code, other laws govern your rights as an employee. One of those laws is the Family and Medical Leave Act (FMLA). Ohio strictly follows the provisions of the law.
The FMLA is quite complex, but its primary objective is clear, which is to allow you to take unpaid leaves to deal with specific issues relating to your family and health. Generally, the FMLA gives you up to 12 weeks of unpaid job-protected leave within 12 months.
However, you might prefer not to take the full 12-week leave at once — and Ohio employees may wonder whether they can take intermittent FMLA leave. If yes, when can you do so? This article provides answers to these questions.
Can FMLA Leave Be Taken Intermittently?
Yes, you can take an FMLA leave at intervals. An intermittent leave refers to staying away from work in separate blocks of time or on a reduced leave schedule. Under FMLA, you can take leaves intermittently for medical reasons.
When you need to take time off work for planned medical treatment, you must do so in a way that doesn’t disrupt your employer’s business operations. Also, depending on the reason, you might need your employer’s approval, especially if the leave is to bond with a newborn, adopted, or foster child.
When Can You Take Intermittent Leave?
Generally, the FMLA allows employees to take leaves for the following reasons:
- To bond with a newborn within one year of delivery
- To bond with an adopted child or a child newly placed in foster care within a year of the adoption or placement
- A serious health condition that keeps the employee from being able to perform their job functions
- To care for a spouse, child, or parent with a serious health condition
- An urgent need resulting from an adult child, parent, or spouse being a military member on covered active duty
In addition, the law allows employees to take up to 26 weeks of leave in 12 months to care for an injured family member who is a covered servicemember. However, the person must be your spouse, child, parent, or next-of-kin.
In the strict sense, intermittent leave is taken in separate blocks of time, while the reduced leave is a schedule that cuts down the usual regular working hours. That is, you can work for fewer hours per week or per day. However, both terms are used interchangeably to mean the same thing.
How Employers Calculate Intermittent Leave
An employer subtracts intermittent leave on a pro-rata basis from the 12 weeks guaranteed by the FMLA. Pro-rata means in proportion, so your employer cannot reduce your leave by more than the amount you are entitled to.
For instance, suppose you work the standard 40-hour per week. Per FMLA, you are entitled to an equivalent of 480 leave hours. So, you might choose to take two hours off work every Wednesday for three weeks to attend a medical appointment. This amounts to six leave hours within that time, leaving you with 474 leave hours. If calculated in weeks, you’d have 11.85 weeks left.
Who Can Apply for an Intermittent Leave?
Not everyone can apply for intermittent leave. To be eligible, you must qualify to apply for leave under the FMLA. This requires:
- Working for the covered employer for at least 12 months, but it does not have to be consecutive
- Working at least 1,250 hours during the 12 months immediately before the leave application
- Working at a company that has at least 50 employees in a specific location
Once you meet the above requirement, you can apply for intermittent leave.
Can Your Employer Deny Intermittent Leave?
The law prohibits your employer from interfering with your rights under FMLA. This interference goes beyond denying intermittent leave to penalizing or discouraging you from going on one.
However, there are instances where your employer can legally keep you from taking intermittent leave. This includes where:
- You have used all your FMLA leave hours
- You did not meet the qualifying requirements
- You requested the intermittent leave for reasons other than a medical condition or taking care of a newborn, or recently adopted or foster child
- Your employer does not have up to 50 full-time employees
If your employer tries to stop you from taking intermittent leave, consult an Ohio employment lawyer immediately.
Can Your Employer Change Your Job for Taking Intermittent Leave?
Yes, but an employer can only do so under strict conditions. The law allows your employer to transfer you to an alternative role with the same salary. The new position should accommodate the recurring intermittent leave better than your previous post.
Hux Law Firm Will Protect Your Rights
Disputes arising from an employee’s right to FMLA leave and the employer’s denial of that right usually end up in court. If this happens, you need an experienced legal team to represent your interest and fight for any benefits denied by your employer.
At Hux Law Firm, we know Ohio employment law. We’ll use that knowledge to help protect your rights.
