Intermittent leave is leave taken in separate blocks of time due to a single qualifying reason, rather than for one continuous period of time, and may include leave periods from an hour or more to several weeks. A reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per work week and/or per workday.
When medically necessary due to the employee's own serious health condition, to care for a child, spouse, or parent with a serious health condition, or for military caregiver leave, an eligible employee may take FMLA leave intermittently or on a reduced leave schedule. Leave due to a qualifying exigency may also be taken on an intermittent or reduced leave schedule. Leave taken after the birth of a healthy child or placement of a healthy child for adoption or faster care may not be taken on an intermittent leave or reduced leave schedule basis unless approved in advance as indicated above.
An employee that is granted an intermittent leave or a reduced leave schedule may be required to temporarily transfer to an alternative position during such leave. Such alternative position shall be at the same salary as the employee's regular position. Whenever possible, the employee shall make a reasonable effort to schedule treatment so as not to unduly disrupt operations.
The taking of leave intermittently or on a reduced leave schedule shall not result in a reduction in the total amount of leave to which the employee is entitled. Only the amount of leave actually taken may be counted toward the total amount of legally mandated leave time.
Examples: (1) If an employee who normally works Monday through Friday, 8:00 am to 5:00 pm with a one hour unpaid lunch, works four hours per day on a reduced leave schedule, the employee would use 20 hours of leave per week while on the reduced leave. (2) If an employee who normally works Monday through Friday, 8:00 am to 12:00 pm, works Monday, Wednesday, Friday, 8:00 am to 12:00 pm, the employee would use 8 hours of leave per week while on the reduced leave.
Available paid leave for intermittent and reduced schedule leave shall be used in the same manner as continuous leave.