Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?
A. The answer depends in part on your company’s policies and on the employee’s condition. Putting aside your company’s leave policies, if the employee’s medical condition qualifies him or her for leave under the, you may have to permit .
When it is medically necessary, employees may takeintermittently, in separate blocks of time.
The federal law also permits employees to have a reduced leave schedule. The law requires employees to make a reasonable effort to schedule treatments in such a way that they do not unduly disrupt the employer’s operation—assuming that the leave is being taken for a planned medical treatment.
If the employee is requesting the leave to care for or bond with a newborn child or for a newly placed adopted or foster child he or she may take intermittent leave with the employer’s approval and must conclude the leave within 12 months after the birth or placement. If you don’t want to permit intermittent leave for this purpose, you can create a policy prohibiting it. He or she would then have the option of taking FMLA leave in a solid block up to the 12-week allotment.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Avoid FMLA suit: Cut slack for leave-takers
- Is FMLA leave optional when employee has adequate sick leave to cover her absence?
- Concurrently running FMLA leave, vacation time and short-Term disability
- Scrupulously track disciplinary history to combat FMLA-interference lawsuits