[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.117]



[Page 758]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 

                                 Apply?

 

Sec.  825.117  For an employee seeking intermittent FMLA leave or leave 

on a reduced leave schedule, what is meant by ``the medical necessity for'' 

such leave?



    For intermittent leave or leave on a reduced leave schedule, there 

must be a medical need for leave (as distinguished from voluntary 

treatments and procedures) and it must be that such medical need can be 

best accommodated through an intermittent or reduced leave schedule. The 

treatment regimen and other information described in the certification 

of a serious health condition (see Sec.  825.306) meets the requirement 

for certification of the medical necessity of intermittent leave or 

leave on a reduced leave schedule. Employees needing intermittent FMLA 

leave or leave on a reduced leave schedule must attempt to schedule 

their leave so as not to disrupt the employer's operations. In addition, 

an employer may assign an employee to an alternative position with 

equivalent pay and benefits that better accommodates the employee's 

intermittent or reduced leave schedule.