Family & Medical Leave Act (FMLA)

There are a variety of ways in which you can take FMLA time off:

• You may take the leave all at once.
• You may take the leave at different time periods if your employer agrees to such an arrangement, or if it is medically necessary. For example, if you will receive chemotherapy every Friday for treatment of cancer, you can request that your employer provide you with leave under the FMLA each Friday for the duration of your treatment, to the maximum of a total of 12 weeks leave.
• If your employer agrees, you can even take FMLA time on an hourly basis. For example, your treatments make you nauseous every morning for an hour but pass by 10AM. You can request that your workday not start until 10.
• If your employer agrees, you can also take a combination of time. Using the above examples, you can take an hour a day until 10AM plus a day a week for treatment.

Caution: If you take FMLA leave intermittently rather than all at once:

• Your co-workers may have problems with you if they have to pick up the slack.
• Your employer has a right to transfer you to an alternative position for which you are qualified and which better accommodates recurring periods of leave. The alternative position must be one that provides you with equivalent pay and benefits. When you are able to return to work on a full-time basis, your employer must then return you to your regular position or to one which is equivalent to your regular position.

Before requesting FMLA leave without pay in this situation, see if you can obtain an accommodation that will permit you to take the time you need and not decrease your income.

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