Intermittent FMLA Leave
Employees on intermittent leave are required to give the employer 30 days advance notice of leave. 29 C.F.R. §825.304(b)
• This means the employee must tell the employer that he/she will miss work 30 days in advance for absences that are foreseeable or as soon as practicable for absences that are either unforeseeable or foreseeable less than 30 days in advance.
o Leave will not be granted, except in an emergency, if notice is not provided to the District at least one week in advance.
The employee is also required to make a reasonable effort to schedule planned intermittent leave, like medical appointments in a way that does not unduly disrupt the employer’s operations. 29 C.F.R. §825.302(e)
•Employee should make every reasonable effort possible to schedule appointments outside of the
work day and if that doesn’t work, at a time that is least disruptive for the school.
•Employee should be able to report to work with 24 hour notice at the request of the supervisor unless prior approval and medical documentation is provided.
If an employee’s intermittent leave disrupts his/her position, the employee may be asked to transfer to an alternative position at the same pay and benefits that better accommodates the recurring leave. 29 C.F.R. §825.204
•Further evaluation of the position and requested leave is needed before this is considered.