FMLA Intermittent and Reduced Schedule Leave

The Purpose of FMLA in Georgia and Nationwide

FMLA is a federal law that guarantees eligible employees the right to take unpaid, job-protected leave for specific family and medical reasons. It aims to balance the needs of work and family, ensuring employees do not have to choose between caring for loved ones and maintaining their employment.

Key Reasons Covered Under FMLA

FMLA allows eligible employees to take leave for:

• The birth of a child or to care for a newborn
• Adoption or foster care placement of a child
• Care for a family member with a serious health condition
• Employee’s own serious health condition
• Qualifying emergencies arising from a family member’s military service

In Georgia, standard FMLA federal protections apply, providing consistent rights for employees needing to take FMLA leave.

Who Is Eligible for FMLA and Intermittent Leave?

To qualify for FMLA, you must:

• Have worked for your employer for at least 12 months
• Have logged at least 1,250 hours during that year
• Work at a location where the company employs at least 50 employees within 75 miles

Intermittent Leave and Reduced Schedule Leave

One of the significant benefits of FMLA is the ability to take intermittent or reduced schedule leave. This means you can break up your leave into smaller blocks of time instead of taking it all at once. For example, you may need to:

• Take a few hours weekly to take your child to chemotherapy appointments
• Take a day or two off multiple times to attend ongoing treatments
• Reduce your work hours to care for a seriously ill family member

Intermittent leave provides flexibility to handle complex and ongoing medical needs without losing your job.

Situations Where You May Need to Use Intermittent Leave

You might need to break your FMLA leave into parts for various reasons, such as:

• Visiting a loved one during a hospital stay
• Taking time off to help with recovery after surgery
• Attending multiple doctor appointments for a chronic illness
• Assisting with caregiving during a caregiver’s medical treatments
• Managing sudden emergencies, such as a family member’s hospitalization

These situations are common, and FMLA ensures your job remains protected during your caregiving efforts.

U.S. Department of Regulation: Article 29 CFR 825.122

The U.S. Department of Labor’s regulation, Article 29 CFR 825.122, clearly states that eligible employees may take FMLA leave in the smallest increment of time that your employer’s payroll system uses, which is typically an hour. This regulation underscores the legality of using intermittent leave and emphasizes your right to break your leave into manageable parts based on your needs.

Reduced Schedule Leave

Reduced Schedule leave is leave that reduces an employee’s usual weekly or daily work hours—but on a predictable, ongoing schedule.

Examples:

• Employee returns from surgery and works half-days for six weeks.
• Employee works four days per week instead of five while caring for a sick parent.
• Doctor certifies a pregnancy-related condition limits employee to 30 hours/week.

The key difference is the pattern of reduced hours, not random absences. The reduction is structured and predictable. Reduced leave still counts against the 12-week FMLA cap based on actual hours missed.

Your Rights Under FMLA and Intermittent / Reduced Schedule Leave in Georgia

When you qualify for FMLA and take leave, your employer must:

• Keep your job or an equivalent position available upon your return
• Maintain your benefits during your leave
• Not penalize or retaliate against you for taking FMLA leave

It’s important to understand that FMLA leave is unpaid, but some employers may provide paid leave options. Always document your requests and communicate clearly with your employer about your leave needs.

How Your Rights Are Protected

Employers are prohibited from discriminating or retaliating against employees for exercising their FMLA rights. If your employer denies your leave request, reduces your hours unjustly, or fires you for taking FMLA leave, they are violating federal laws.

If you believe your rights are being violated, you should seek legal help immediately. You do not have to face employment issues alone.

Why You Should Speak with an Attorney If Your Job Is at Risk

Taking FMLA leave can sometimes lead to misunderstandings or employer retaliation. If you feel your job is at risk or if your employer denies your leave, it’s crucial to consult an employment lawyer. An experienced attorney can:

• Review your documentation
• Protect your rights
• Help you file a complaint with the U.S. Department of Labor if necessary
• Negotiate on your behalf to ensure fair treatment

How Georgia Wage Lawyers Can Help

Georgia Wage Lawyers in Atlanta, GA, are dedicated to helping employees protect their jobs. If you suspect your rights are being violated, contact us for a free consultation today.