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FMLA Intermittent Leave

Navigation:  Home > Employment Law > Family Medical Intermittent Leave


This is a increasingly popular question as the Family Medical Leave Act is increasingly becoming abused by some employees, and not all together honored by many employers.


The answer is, yes. You can take intermittent leave under the Family Medical Leave Act. There are, of course, a slew of caveats to this issue, however. First of all, if you take FMLA at all, your employer can require medical certification, and can even ask you to submit to a physical by a employer-paid physician. Second, during any 12-month period, you are only entitled to 12 weeks of FMLA leave (unpaid), which comes out to 60 business days. Third, although you may take FMLA on an intermittent basis, your condition must be serious enough to warrant 3 consecutive days absence. Thus, if you are absent on Monday and Tuesday, show up for work on Wednesday, and take a leave on Thursday and Friday, those four days are not covered under FMLA because they did not constitute 3 consecutive days of leave.


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