INTERMITTENT FMLA LEAVE Vs CONTINUOUS FMLA LEAVE

Aug 04, 2016

By Peter Friedmann

Columbus FMLA lawyers

Now that our Columbus FMLA lawyers have posted helpful information and resources to help determine whether you are eligible for FMLA leave in Ohio, lets discuss the difference between intermittent FMLA leave and continuous FMLA leave.

There is also a third type of leave available to you- reduced schedule FMLA leave. As an Ohio Employment Attorney, I am frequently asked what type of FMLA leave is available and whether it can be broken down into smaller incremenets. This article will answer those questions.

Difference between Intermittent FMLA Leave and Continuous FMLA Leave

Continuous FMLA Leave

Both intermittent FMLA leave and continuous FMLA leave are available to you. Continuous FMLA leave is FMLA leave that is taken and not broken up by periods of work. Continuous FMLA leave is typically when an employee is absent for three consecutive business days or longer and has been treated by a doctor. For example, a new mother can take 8 weeks off from work to care for her newborn baby. This 8 week period is considered continuous FMLA leave. Leave to care for a sick family member or leave to receive treatment for your own serious illness may be continuous as well.

Intermittent FMLA Leave

Intermittent FMLA leave is an option for employees who want to use FMLA leave in a more flexible manner. Intermittent leave involves the use of days or hours, broken down into increments, to care for a family member with a serious illness or to receive treatment for your own serious illness. An example of intermittent leave is an employee who suffers from a condition that causes “flare-ups” or periods of time where the employee is in pain and cannot attend work. Another example is an employee who is being treated for cancer and must attend chemotherapy or radiation appointments. You may use intermittent FMLA leave to attend these appointments.

FMLA leave is available to you during these flare-up periods and allows you to receive treatment for your serious medical condition without having to take continuous, unnecessary FMLA leave. Intermittent FMLA leave may be taken in very small increments. Only intermittent leave that is actually taken by the employee is counted against the 12-week time period allotted to you. If you do not use interrmittent FMLA leave, it is not counted against that 12-week period.

Lastly, it is also possible to use reduced schedule FMLA leave to care for a family member, reduce stress or for your own serious medical condition, under certain circumstances. Reduced schedule leave allows you to reduce the amount of hours you work per day or per week. The amount of hours or days will then count toward the 12-week allowance allotted to you under the FMLA. If at all possible, it is important to work with your employer and notify them of the need for leave as soon as you become aware of it. For scheduled procedures, like chemptherapy or surgery, this is relatively easy to do. In a scenario where you suffer from flare-ups, this may not be feasbile so it is important to inform the employer as soon as you become aware of the need for leave.

Get Free Consultation from FMLA Attorneys Near You

If you have questions about what type of FMLA leave to take, please contact us. It is unlawful for your employer to harass or retaliate against you for taking FMLA leave. If your employer has been hostile toward you or expresses dissatisfaction with your absences that are covered by FMLA, give us a call- one of our Columbus FMLA lawyers can help.

Tags

HELENA HAFEEZ-BEY

5 reviews

2 months ago

Rachel was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.

Khristina Harding

5 reviews

4 months ago

Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪

Susan Gates

5 reviews

7 months ago

My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.

Alix Brett

5 reviews

7 months ago

Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!

Shawn Hendrix

5 reviews

2 months ago

Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.

Mike Haskins

5 reviews

5 months ago

Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.

Richard Wiggins

5 reviews

5 months ago

Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.

Kent Stillion

5 reviews

8 months ago

Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.

Shannon Heskett

5 reviews

8 months ago

The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process.
I highly recommend The Friedmann Firm!

Laura McBroom

5 reviews

a year ago

Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!

Elliott Family

5 reviews

8 months ago

Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!

Destiny Coleman

5 reviews

a year ago

I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.

Kim L

5 reviews

11 months ago

I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!