Intermittent leave and reduced schedules under the FMLA

Wisconsin workers who are covered under the federal Family and Medical Leave Act of 1993 may be eligible for leave under certain circumstances. For example, if certain requirements are met, a worker may be able to seek a reduced schedule or intermittent leave without fear of retaliation if the worker or the workers family suffers from certain medical conditions.

In order to have the flexibility needed to be able to attend regular doctor’s appointments, workers may be able to take intermittent leave. Employees who need recovery time may also request to work on a reduced schedule. Such leave must be medically necessary for it to qualify under the provisions of the FMLA. In situations of medical necessity, prior employer approval is not required. However, if such leave is taken in order for care needed because of the birth, adoption or foster care needs of a child, employees must first seek prior employer approval for the intermittent leave or requested reduced schedule.

Employees who give notice to their employers must only take the amount of leave necessary and that is the least disruptive to the job. Upon receiving notice, the employer may only charge the employee for the actual leave taken. The employer must designate the leave taken as intermittent leave or as reduced scheduling under the FMLA.

Allowing covered workers the ability to take medical leave either for themselves or in order to care for a family member is important for the overall quality of life. If an employer denies a request for such leave, workers may wish to consult with an employment law attorney. Not all workers are covered under the act, and an attorney may be able to advise his or her clients about the law’s applicability to their specific case.

Source: WorkplaceFlexibility2010.org, “Intermittent Leave and Reduced Schedule Leave under the Family and Medical Leave Act“, December 07, 2014

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