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Intermittent (Non continuous) Leave Under The FMLA

Notice Of Intermittent Leave And Forms

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An employer may require appropriate notice before granting intermittent leave under the FMLA.
  • For planned treatment or appointments, the employer may require advance notice. 
    • Maximum notice permitted is 30 days.
    • If the employee gives less notice than required, the employer can delay leave unless there are unusual circumstances. For example, if an employer requires notice such as two weeks, but an employee only gives one week notice, the employer can technically require the employee to delay taking leave for one week unless there are unusual circumstances. 
    • An employer cannot delay leave even if notice is less than required if the employee can explain why longer notice is not practical. For instance, if the employer has a 30 day notice requirement. The employee gives appropriate notice for three rounds of chemotherapy which are scheduled one week apart. After the second session, the doctor says another round of chemotherapy is needed a week after the third session. 
  • For unforeseeable events, the employer may use the same notice requirements as in its attendance policy.   
An employer may also require appropriate forms such as a Leave Request Form and require medical certification. (For information about certification, see the document in "To Learn More"). 

Employers cannot be discriminatory when dealing with employees who do not follow notice procedures.



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