Continuous vs Intermittent FMLA Leave: Which Should You Request?

Introduction

When you need FMLA leave, you have choices in how you take it. Should you take all 12 weeks at once, or spread it out over time? The answer depends on your medical situation, your job, and your employer's policies.

Understanding Your Options

### Continuous Leave One uninterrupted block of time off.

**Best for:** - Surgery with extended recovery - Childbirth and bonding - Intensive treatment (hospitalization) - Caring for a family member full-time

### Intermittent Leave Leave taken in separate blocks or reduced schedule.

**Best for:** - Chronic conditions with flare-ups - Ongoing treatments (chemo, dialysis, PT) - Conditions with unpredictable symptoms - Mental health with periodic episodes

### Reduced Schedule Working fewer hours per day or week.

**Best for:** - Gradual return from medical leave - Ongoing therapy appointments - Managing fatigue related to treatment - Part-time caregiving responsibilities

Key Differences

| Factor | Continuous | Intermittent | |--------|-----------|---------------| | **Tracking** | Simple (start and end date) | Complex (by hours/days) | | **Employer control** | Minimal | Can require notice for each absence | | **Job protection** | Strong | Same protections apply | | **Bonding leave** | Automatic right | Requires employer agreement | | **Transfer rights** | None | Employer can temporarily transfer |

When Intermittent Leave Is Automatic

You have an automatic right to intermittent leave when it's **medically necessary** for: - Your own serious health condition - Caring for a family member's serious health condition

Your employer cannot deny intermittent leave if your doctor certifies it's needed.

When Intermittent Leave Requires Approval

**Bonding leave** (new child) can only be taken intermittently if your employer agrees. Many employers require bonding leave in a single block.

**Tip:** Negotiate intermittent bonding leave before your child arrives.

How Employers Track Intermittent Leave

Your employer tracks intermittent leave in the **smallest increment** they use for other types of leave—typically: - 15 minutes - 30 minutes - 1 hour

**Calculation:** 12 weeks = 480 hours (for 40-hour workweek)

Every partial day off reduces your available balance.

Employer Rights During Intermittent Leave

While you're on intermittent leave, your employer can: - Require you to follow normal call-in procedures - Ask for certification of each absence (if pattern changes) - Temporarily transfer you to a position that accommodates your schedule - Request recertification periodically

Making Your Decision

### Choose Continuous If: - Your condition requires dedicated recovery time - You can't predict when symptoms will occur - The treatment is intensive and time-limited

### Choose Intermittent If: - Your condition has predictable flare-ups - You need ongoing appointments - You can work most of the time with occasional absences

Conclusion

Both continuous and intermittent leave provide the same job protection—the right choice depends on your medical needs. Work with your healthcare provider to document whichever type best supports your recovery.

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*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*