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Intermittent (Non continuous) Leave Under The FMLA
Intermittent Leave Transfers
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Under the FMLA, an employer may transfer an employee temporarily to available alternate positions for which the employee is qualified if the position better accommodates recurring periods of leave than the employee's regular job.
- Transfers can be allowed for planned medical treatment.
- Transfers are not allowed for chronic treatments which are occasional or unpredictable.
Equivalent job duties are not required. The employer must pay regular pay and provide the same benefits. An employer may not transfer an employee in order to discourage the employee from taking leave or otherwise cause a hardship on the employee. NOTE: Transfers must also comply with any collective bargaining agreement and the provisions of the Americans With Disabilities Act (ADA). For example, the ADA may say an employee must be accommodated within the position unless it is a hardship for the employer. (For more information about the ADA, see the document in "To Learn More").
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Americans With Disabilities Act (ADA)
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