You’re going through a rough time, and you have a standing medical appointment every Wednesday afternoon. You can work the rest of the day, but your employer says you can’t take leave under the Family Medical Leave Act (FMLA) by the hour.
Your employer is wrong, however. If you qualify for FMLA leave, you may be entitled to take that leave a few hours at a time.
Intermittent leave is often the most flexible
Leave taken a few hours at a time is called intermittent leave. It can help you keep working while you go to doctor or clinic appointments, receive chemo or physical therapy or otherwise manage a serious health issue.
Intermittent FMLA leave must be medically necessary when it is taken for your own serious health condition or to care for a covered family member with one. For example, you might need two hours a week for a recurring appointment, occasional time off during a flare-up of your chronic condition or a shortened workday after receiving certain treatment due to nausea or fatigue.
Your employer does have the right to ask for documentation supporting the medical need for leave, along with an estimate of its expected frequency and duration. In addition, you are generally required to make a reasonable effort to schedule your leave (as much as possible) so that it doesn’t unduly disrupt your employer’s operations.
Your employer does not have the right to automatically charge a full day against your FMLA leave when you only take a few hours. They also cannot count your leave against you under an attendance policy to punish you.
If your employer insists that all your FMLA-related absences must be a full day or retaliates against you for using approved intermittent leave, it may be time to seek legal guidance. Keep a record of all your requests, communications about leave, approvals, denials and attendance notices. That can help an employment law attorney determine if your FMLA rights have been violated.