(a) FMLA leave may be taken ``intermittently or on a reduced leave
schedule'' under certain circumstances. Intermittent leave is FMLA leave
taken in separate blocks of time due to a single qualifying reason. A
reduced leave schedule is a leave schedule that reduces an employee's
usual number of working hours per workweek, or hours per workday. A
reduced leave schedule is a change in the employee's schedule for a
period of time, normally from full-time to part-time.
(b) When leave is taken after the birth or placement of a child for
adoption or foster care, an employee may take leave intermittently or on
a reduced leave schedule only if the employer agrees. Such a schedule
reduction might occur, for example, where an employee, with the
employer's agreement, works part-time after the birth of a child, or
takes leave in several segments. The employer's agreement is not
required, however, for leave during which the mother has a
serious health condition in connection with the birth of her child or if
the newborn child has a serious health condition.
(c) Leave may be taken intermittently or on a reduced leave schedule
when medically necessary for planned and/or unanticipated medical
treatment of a related serious health condition by or under the
supervision of a health care provider, or for recovery from treatment or
recovery from a serious health condition. It may also be taken to
provide care or psychological comfort to an immediate family member with
a serious health condition.
(1) Intermittent leave may be taken for a serious health condition
which requires treatment by a health care provider periodically, rather
than for one continuous period of time, and may include leave of periods
from an hour or more to several weeks. Examples of intermittent leave
would include leave taken on an occasional basis for medical
appointments, or leave taken several days at a time spread over a period
of six months, such as for chemotherapy. A pregnant employee may take
leave intermittently for prenatal examinations or for her own condition,
such as for periods of severe morning sickness. An example of an
employee taking leave on a reduced leave schedule is an employee who is
recovering from a serious health condition and is not strong enough to
work a full-time schedule.
(2) Intermittent or reduced schedule leave may be taken for absences
where the employee or family member is incapacitated or unable to
perform the essential functions of the position because of a chronic
serious health condition even if he or she does not receive treatment by
a health care provider.
(d) There is no limit on the size of an increment of leave when an
employee takes intermittent leave or leave on a reduced leave schedule.
However, an employer may limit leave increments to the shortest period
of time that the employer's payroll system uses to account for absences
or use of leave, provided it is one hour or less. For example, an
employee might take two hours off for a medical appointment, or might
work a reduced day of four hours over a period of several weeks while
recuperating from an illness. An employee may not be required to take
more FMLA leave than necessary to address the circumstance that
precipitated the need for the leave, except as provided in Secs. 825.601
and 825.602.
