Intermittent FMLA Leave
By Gregory Thyberg on August 16, 2021
California workers are provided certain rights and protections under federal and state employment laws. On the federal level, the Family and Medical Leave Act (FMLA) stipulates that qualified employees are entitled to take up to 12 weeks of unpaid leave over a 12-month period. During that time, employers must hold their position, so that employees are guaranteed job protection.
While many employees are aware of FMLA, they may not understand all of their options regarding leave. For instance, in certain circumstances, Sacramento, CA, workers may be able to take intermittent FMLA. Here, family medical leave discrimination lawyer Gregory Thyberg goes over FMLA qualifications, and the rights provided to workers who take intermittent FMLA.
Who Is Eligible for FMLA?
To be eligible for FMLA, an employee must have worked for an employer for 12 months prior to taking leave. During the 12 month period leading up to the leave, the employee must have worked at least 1,250 hours. Finally, the employee must work for a covered employer. FMLA applies to all public agencies and all private sector businesses that employ 50 or more employees within a 75 mile radius.
Even if a worker qualifies for FMLA, this type of leave is only applicable in certain situations. FMLA is meant to allow employees time off to:
- Give birth and/or bond with a newborn child
- Handle the placement of a foster or adopted child and/or bond with a newly adopted or placed foster child
- Care for a sick family member (child, parent, or spouse)
- Care for their own serious illness that prevents them from doing their job
Can I Take Intermittent FMLA?
Many employees are under the impression that the 12 weeks of leave provided by FMLA must all be taken at once, but this is not always the case. Sacramento workers may be able to spread out their leave, or take intermittent FMLA leave, if it is medically necessary. Intermittent FMLA leave allows workers to schedule blocks of time off, or reduce their usual daily or weekly work schedule, to undergo planned medical treatment.
When taking intermittent FMLA leave, employees must work with their employer and make a reasonable effort to schedule medical treatment so that it does not unduly disrupt the employer’s operations. Though it is not required, some employers may also allow workers to use intermittent FMLA leave to bond with a newborn child or a newly placed foster or adopted child.
Intermittent FMLA Leave: What Are My Rights?
An employee’s rights regarding intermittent FMLA leave are very similar to those provided by regular family medical leave. However, one big difference is that employers are allowed to temporarily reassign an employee to an alternate position while they are on intermittent FMLA leave. This type of transfer can be made if it allows the employer to accommodate recurring periods of leave better than the employee’s regular position would. It is important to note that the change can only be temporary, and the position that the employee is transferred to must provide equivalent pay and benefits.
Contact Gregory Thyberg
If you have further questions about intermittent FMLA leave or believe that you have faced discrimination after making an FMLA request, attorney Gregory Thyberg can help. To discuss your situation, send us a message online or call our Sacramento law firm at (916) 204-9173.