The Family and Medical Leave Act (FMLA) requires most employers to provide eligible employees a total of 12 weeks of leave during any 12-month period for a serious health condition, to care for a family member with a serious health condition, or due to military service. If the leave is to care for a family member who is a service member, the leave may be unpaid.
Although the FMLA allows employees to take a leave of absence for an “eligible reason,” the law does not define what constitutes a “serious health condition.” This can be a very confusing topic, and it is important to know the definition of FMLA time off so that you can decide if FMLA leave is appropriate for your situation.
Employee’s Entitlement to Intermittent Leave
The Family and Medical Leave Act (FMLA) guarantees qualified employees up to 12 weeks of unpaid leave within a one-year period. However, FMLA leave is not the only form of unpaid leave that employees may qualify for. For example, an employee may be able to take unpaid vacation days or unpaid time off to care for a family member in the case of death or serious illness. Apart from this, FMLA does not require that you take all of the leave you are entitled to at once. Or that you can reduce the amount of leave that you take under the Act.
Employees who are requested to take intermittent leave during a period of time need to be provided with the opportunity to return to work after their temporary leave period expires. FMLA leave is designed to provide employees time for personal and healthcare-related issues, but a request for intermittent leave for the placement of a child in a home, or other similar temporary leave is not a condition requiring FMLA leave.
Employer Responsibilities to Intermittent Leave
Most employers understand they must provide FMLA leave to their employees. However, some employers are starting to worry that FMLA leave will cause too much disruption in their organization, and will decrease productivity. The Department of Labor has stated that covered employees must still be paid for their time off, but in some cases, employers may choose to credit employees for any accumulated vacation or leave.
Final Words
The Family and Medical Leave Act (the FMLA) has been around for almost 20 years and leaves many questions unanswered for employers, employees, and applicants. As the Act requires employers to provide reasonable job protection to employees in order to pursue family and medical leave, employers must comply with the Act and maintain an employee’s job during the FMLA absence.
To know more about Intermittent FMLA Leave, attend the Compliance Prime webinar.
