Taking time off work to care for a loved one or for your own serious medical condition shouldn’t put your job at risk. The Family and Medical Leave Act (FMLA) is meant to protect Ohio employees. However, taking periodic or intermittent FMLA leave is protected only under certain circumstances. Understanding how intermittent FMLA leave works and when it can be legally taken can mean the difference between protected time off and a costly employment dispute.
Under FMLA, intermittent leave is when an employee takes periodic, separate blocks of time off. This differs from traditional FMLA leave, which is taken all at once. The duration of intermittent leave can range from minutes to hours or days. This type of leave differs from a reduced work schedule, which maintains a regular work schedule and does not involve separate blocks of time off. FMLA protection includes intermittent time off because some health conditions occur sporadically. The goal was to create job protection for employees in real-world situations where medical needs are unpredictable. When an employee requests intermittent leave, they are using their 12-week FMLA leave entitlement. It is not a separate or additional benefit.
While taking FMLA leave is a protected practice, it isn't unlimited. By learning what’s protected and when requests may be denied, employees can protect their rights.
The key to taking FMLA intermittent leave in Ohio without employer consent is medical necessity. The employee or their family member needs to have a serious health condition or a qualifying exigency related to military service. What is a medical necessity? It is a condition or required treatment that’s best addressed by intermittent care or leave. For example, there could be periodic flare-ups, spaced-out treatments, or separate recovery periods. Someone attending chemotherapy treatment would qualify.
Under the FMLA regulations, several reasons are outlined as qualifying reasons for intermittent leave. It could be the employee's own serious health condition. It could be the serious health condition of the employee’s spouse, parent, or child. The employee would be responsible for caring for their family member. Military caregiver or qualifying exigency leave is also covered.
A request for intermittent FMLA leave may be denied by an employer if medical necessity isn’t established. This is why a complete medical certification is so crucial. It needs to establish the employee's need for periodic leave. FMLA leave taken intermittently to bond with a healthy newborn or adopted child requires employer approval. Employees who fail to follow their employer’s procedures for requesting leave may have their leave denied or denied a FMLA designation for their leave.
Employers have the right to request medical certification records from employees requesting FMLA leave. A healthcare provider provides this documentation. It needs to establish that there is a serious medical condition that requires an intermittent need. The doctor also needs to include an explanation of the frequency that may be required for treatment or caregiving. They should include an estimation of how long the condition is expected to last. Finally, the doctor must determine whether the treatment warrants intermittent leave. Depending on the circumstances, an employer may require recertification. The original certification may expire. There could be a significant change in the medical condition. There could be a reason to doubt the original certification.
While employers must comply with federal and state laws, they do have some rights. Employers may require employees to provide proper notice before taking FMLA leave. They may require employees to submit medical certification. They may also require FMLA tracking procedures. Employers cannot deny leave solely because it is inconvenient to business operations. They cannot enforce stricter standards for intermittent leave requests than they do for continuous leave. They may not retaliate against employees for engaging in FMLA-protected activities.
The best thing employees can do is communicate with their employer. Provide as much advance notice as possible. Clearly explain your reasons for taking time off and the expected duration of your absence. If those plans change, communicate that to your employer as soon as possible. By keeping your employer well-informed, you reduce their stress and confusion. They will be more understanding and willing to work with you.
In addition, employees should educate themselves on their rights. Seek out and work for covered employers. Be employed at the company for at least 12 months. Have at least 1,250 hours worked in the last 12 months. Gather the required medical documentation to support your need for intermittent leave through FMLA. You may need to work with healthcare providers to obtain the appropriate documentation. Don’t rely on your employer to document your leave. Employees should keep personal records of their leave usage, submitted health documentation, and communications with the employer. Should there be an issue, all of this will be essential for your attorney later.
Serious health conditions do not follow predictable schedules. You shouldn’t be forced to choose between caring for your family’s health and keeping your job. Intermittent FMLA is meant to provide employee protection, but is more often a source of conflict. If you need guidance on using intermittent FMLA leave or protecting your rights at work, contact us online or call us today at 440‑892‑3380 to speak with an experienced Ohio employment attorney.
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