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Intermittent (Non continuous) Leave Under The FMLA

Accounting For Intermittent Leave

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As a general matter, intermittent leave is counted on an hourly basis. 

An employer may use a different amount of time as long as it is no greater than the shortest period of time that the employer uses to account for other forms of leave - so long as that time is not great than one hour.

There is an exception to the one hour maximum for situations in which it is physically impossible to start a shift mid-way. The classic example is a flight attendant. In this case, the entire period can be called a FMLA leave.

An employer may have policies that account for leave in different increments at different points in time.

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