Fmla Guidelines For Employees For Intermittent Leave

State:
Multi-State
Control #:
US-AHI-199
Format:
Word; 
Rich Text
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Description

The Employee Rights Memo Under Family and Medical Leave Act outlines FMLA guidelines for employees seeking intermittent leave for family and medical reasons. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave after meeting specific criteria, including working for the employer for at least one year and 1,250 hours in the past 12 months. Permissible reasons for leave include caring for a newborn, a seriously ill family member, or addressing the employee's own serious health condition. Employees must provide advance notice, typically 30 days, and may need to submit medical certification. Employers are required to maintain health benefits during the leave and restore the employee to their previous position upon return. The memo emphasizes that employers cannot interfere with an employee's FMLA rights and establishes enforcement mechanisms through the U.S. Department of Labor. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it clarifies employee rights and responsibilities under the FMLA, offering a valuable resource for advising clients on leave entitlements and compliance.
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FAQ

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.

What is Intermittent FMLA? Caring for a child or newborn. Caring for an immediate family member with a serious health condition. Recovering from the employee's own serious health condition. Caring for an injured family member who served in the military, which may grant up to 26 weeks of unpaid family medical leave.

FMLA typically refers to continuous FMLA, which is a type of leave taken (up to 12 weeks per year) all at once. Intermittent FMLA is leave that can be taken more sporadically and nonconsecutively, with the amount of time away totaling 12 weeks per year.

Intermittent or Reduced Schedule: Only the amount of leave you actually take counts toward your leave entitlement. If you normally work 30 hours a week, but only are able to work 20 hours following surgery, your 10 hours of leave equal one-third of a week of FMLA leave for each week of the reduced-leave schedule.

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Fmla Guidelines For Employees For Intermittent Leave