{"id":461,"date":"2019-03-19T21:00:03","date_gmt":"2019-03-19T15:30:03","guid":{"rendered":"https:\/\/www.complianceprime.com\/blog\/?p=461"},"modified":"2025-08-02T17:06:02","modified_gmt":"2025-08-02T11:36:02","slug":"can-an-employer-deny-intermittent-fmla-leave","status":"publish","type":"post","link":"https:\/\/www.complianceprime.com\/blog\/2019\/03\/19\/can-an-employer-deny-intermittent-fmla-leave\/","title":{"rendered":"Can an Employer Deny Intermittent FMLA Leave?"},"content":{"rendered":"

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for qualifying medical and family reasons. While FMLA provides flexibility, intermittent leave\u2014where employees take leave in separate blocks of time, can sometimes create challenges for employers. This raises the question: Can an employer deny intermittent FMLA leave?\u00a0<\/span><\/p>\n

Let’s explore how intermittent FMLA leave works, when employers should be informed, what they must communicate, and the circumstances under which intermittent FMLA leave may be denied.\u00a0<\/span><\/p>\n

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You can also explore our <\/span>HR webinars<\/b><\/a>, where you’ll find sessions on topics such as FMLA, onboarding, hiring, and retention. Attending these webinars will enhance your knowledge and help you earn HRCI and SHRM credits, boosting your career as well. Let’s go back to the topic and discuss it.<\/span><\/p>\n

How Does FMLA Intermittent Leave Work?<\/b><\/h2>\n

Intermittent FMLA leave allows eligible employees to take leave in increments rather than a continuous 12-week block. Here\u2019s how it works:<\/span><\/p>\n

How Is Intermittent FMLA Leave Calculated?<\/b><\/h3>\n

FMLA provides employees with up to <\/span>12 weeks (or 60 workdays) of unpaid leave<\/b> per 12-month period. For intermittent leave, time off is deducted in increments corresponding to the shortest time period the employer uses to track absences (e.g., hourly, daily). If an employee works 40 hours a week, FMLA is calculated based on those hours.<\/span><\/p>\n

How Long Is FMLA Intermittent Leave?<\/b><\/h3>\n

Intermittent FMLA leave lasts as long as the employee has FMLA-protected time available, but it must be supported by medical necessity. Some cases may require ongoing, periodic absences, while others might involve a gradual return to work.<\/span><\/p>\n

What Conditions Qualify for Intermittent FMLA Leave?<\/b><\/h3>\n

Intermittent FMLA leave is granted for:<\/span><\/p>\n