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Welcome to FMLA Today Medical Center

Understanding FMLA: A Guide to Intermittent vs. Continuous Leave

 The Family and Medical Leave Act (FMLA) is a vital piece of legislation that helps employees balance their work responsibilities with personal or family health needs. Whether you're recovering from a serious health condition or caring for a loved one, FMLA offers job protection and peace of mind during difficult times. This guide breaks down what FMLA is, the differences between intermittent and continuous leave, when to use each, and who is eligible.

What Is FMLA?

The Family and Medical Leave Act, enacted in 1993, is a federal law that entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. During this time, group health insurance coverage must be maintained under the same terms as if the employee had not taken leave.

FMLA applies to:

  • The employee’s own serious health condition
     
  • The birth or adoption of a child
     
  • Caring for a spouse, child, or parent with a serious health condition
     
  • Military family leave for certain qualifying situations
     

When to Use Intermittent Leave

 Intermittent FMLA leave is taken in separate blocks of time, rather than all at once. It's designed for situations that require flexibility—where an employee needs to be off work occasionally, but not continuously. 

When to Use Continuous Leave

Continuous FMLA leave is taken as one extended period of time without returning to work in between.

Common Scenarios for Continuous Leave:

  • Recovery from major surgery
     
  • Maternity or paternity leave
     
  • Extended care for a seriously ill family member
     
  • Hospitalization and post-discharge recovery
     

This type of leave is more straightforward in terms of planning and documentation. As long as the leave qualifies under FMLA, and proper notice and certification are provided, the employee is entitled to the full 12 weeks (or 26 weeks in some military-related cases). 

FMLA Eligibility Requirements

Not everyone qualifies for FMLA. To be eligible, you must meet all of the following:

  1. Work for a covered employer: This includes private employers with 50 or more employees within a 75-mile radius, as well as all public agencies and schools.
     
  2. Have worked for your employer for at least 12 months (these do not have to be consecutive).
     
  3. Have worked at least 1,250 hours during the 12 months prior to the start of the leave.

Tips for Employees

  • Give advance notice when possible (30 days is standard for foreseeable leave).
     
  • Provide medical certification when requested.
     
  • Stay in communication with your HR department or supervisor.
     
  • Be aware that FMLA leave is unpaid, though you may choose or be required to use accrued paid leave (like sick days or PTO) at the same time.

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