(a) Definition. 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) Medical necessity. For intermittent leave or leave on a reduced
leave schedule taken because of one's own serious health condition, to
care for a parent, son, or daughter with a serious health condition, or
to care for a covered servicemember with a serious injury or illness,
there must be a medical need for leave 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 and in the certification of
a serious injury or illness, if required by the employer, addresses the
medical necessity of intermittent leave or leave on a reduced leave
schedule. See Sec. Sec. 825.306, 825.310. Leave may be taken
intermittently or on a reduced leave schedule when medically necessary
for planned and/or unanticipated medical treatment of a serious health
condition or of a covered servicemember's serious injury or illness, or
for recovery from treatment or recovery from a serious health condition
or a covered servicemember's serious injury or illness. It may also be
taken to provide care or psychological comfort to a covered family
member with a serious health condition or a covered servicemember with
a serious injury or illness.
(1) Intermittent leave may be taken for a serious health condition
of a parent, son, or daughter, for the employee's own serious health
condition, or a serious injury or illness of a covered servicemember
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 or a serious injury or illness of a covered
servicemember, even if he or she does not receive treatment by a health
care provider. See Sec. Sec. 825.113 and 825.127.
(c) Birth or placement. When leave is taken after the birth of a
healthy child or placement of a healthy 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. See Sec. 825.204 for rules governing transfer to an
alternative position that better accommodates intermittent leave. See
also Sec. 825.120 (pregnancy) and Sec. 825.121 (adoption and foster
care).
(d) Qualifying exigency. Leave due to a qualifying exigency may be
taken on an intermittent or reduced leave schedule basis.
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995; 73 FR 68087, Nov. 17, 2008]
