What You Should Know About Your Right to Take Intermittent FMLA Leave
The most important thing to know about your right to take unpaid time off under the Family and Medical Leave Act is that you can use the leave for a few hours or a few days at a time. When you qualify to take up to 12 weeks off without losing your job, your employer cannot force you to take the entire three months off work all at the same time.
Another important thing to note is that your employer does have some say in when you can use FMLA leave. Federal guidelines state that any eligible employee who wants to take intermittent FMLA leave should plan ahead with supervisors, managers, and co-workers to make sure that all their work responsibilities will be met while they are away.
Intermittent Leave of Absence
To state this second point in another way, both employees and employers should treat intermittent FMLA leave as planned leave, if at all possible. Sometimes this is impossible if the person had an unexpected flare-up of a disability or medical condition. The person who knows they will need time off to seek or provide medical care should submit a request ahead of time, if possible.
The employer can spell out the exact procedures for requesting intermittent FMLA leave. If no specific rules exist, the request and discussion should start as early as possible so the employee knows exactly how to handle requests for intermittent FMLA leave when the need arises.
The third thing both employees and employers need to understand is that a request for intermittent leave under the FMLA can be rejected for certain reasons. Some examples of reasons an employer can deny a request for intermittent FMLA leave are:
- The employee has already used all of their allowable FMLA leave in a given 12-month period;
- The employee cannot demonstrate a legitimate need and/or has not provided documentation from his/her doctor to prove there is a qualifying reason for FMLA leave.
Note that the last reason implies that an employer can ask for information about illnesses and medical procedures when deciding whether to grant FMLA leave. The employer typically provides a FMLA Certification form that must be filled out by the employee’s treating physician or medical provider and returned to the employer for review and to determine FMLA eligibility.
At The Friedmann Firm, we strive every day to eliminate the misunderstandings and discriminatory practices that keep people with disabilities from working. We offer consultations and we are always prepared to fight for the rights of employees and job applicants. You can schedule an appointment with a Columbus disability discrimination attorney by calling 614.610.9755 or filling out this online contact form.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.