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Intermittent (Non continuous) Leave Under The FMLA

When Must An Employer Grant Intermittent Leave Or A Reduced Work Schedule

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An employer must grant intermittent leave or a reduced work schedule when the FMLA eligibility requirements are satisfied (see the document in "To Learn More") and:

  • Leave is medically necessary AND
  • The medical necessity is best accommodated through intermittent leave or reduced schedule.

Proof of medical necessity must be provided by a certification from a healthcare provider. An employer may request clarification or authentication about a certification. An employer may also request a second or third opinion. If the employee will be off work for a period of time, the employer may request a Fitness For Duty Certification before allowing the employee to return to work. For more information about each of these subjects, see the documents in "To Learn More."


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