What is intermittent leave under the FMLA, and when can employees use it?

Intermittent leave, as defined by the Family and Medical Leave Act (FMLA), refers to leave taken in multiple blocks of time, each of which is less than the employee’s full FMLA entitlement, all for the same ongoing reason. Examples of intermittent leave include an employee taking a day each week for ongoing cancer treatments or a pregnant employee taking leave as needed for severe morning sickness.

Intermittent leave can be taken whenever it is medically necessary. It can also be taken in certain instances related to covered service members and for baby bonding, although intermittent bonding leave requires approval from the employer.

Employees should be allowed to take intermittent leave in the smallest increments of time that are used to track any other form of leave. However, it is not permissible to require them to take leave in increments greater than an hour. For example, if paid time off (PTO) is tracked in 15-minute increments, FMLA should also be allowed in 15-minute increments. On the other hand, if PTO can only be taken in four-hour increments, FMLA should still be permitted in increments as small as one hour.

For more information on intermittent FMLA leave, please refer to the APlus HR platform.

Please note that this Q&A does not constitute legal advice and does not address state or local law