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Intermittent (Non continuous) Leave Under The FMLA
"Medically Necessary" And Appointment Scheduling
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Per the Department of Labor, the schedule of treatment is a medical determination.
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Once a doctor signs off on a treatment schedule, there is a presumption that whatever the schedule it, the schedule is medically necessary. NOTE: When giving an employer notice about an upcoming leave, if the request includes appointments that are disruptive to the work, the employer can request certification from the doctor that the scheduling is necessary. For example, if appointments are scheduled mid-day, during the week, an employer can ask for a less disruptive schedule unless the doctor certifies that this timing is necessary.
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