FMLA leave may be taken in one continuous segment or, under certain circumstances, may be taken intermittently or on a reduced leave schedule. Intermittent leave or leave on a reduced leave schedule may be taken when medically necessary. In order to take leave intermittently or on a reduced leave schedule after the birth of a child or the placement of a child for adoption or foster care, the employee must have the employer's agreement.

Intermittent leave is leave taken in segments or blocks of time interspersed with periods of work. Examples of such leave would be absences for medical treatment such as chemotherapy for cancer, kidney dialysis, or for prenatal care or severe morning sickness for a pregnant employee.

Leave taken on a reduced leave schedule is essentially an employee working less than their normal work time each day/week and taking FMLA for the remainder. For example the employee may be recovering from a serious health condition and is not strong enough to work a full-time schedule.

An employee may not be required to take more FMLA leave than necessary to address the circumstances that caused the need for leave. Employees may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. For more detailed information see Regulations 29 CFR Part 825.203. An exception to this rule exists with respect to instructional employees of FMLA covered schools. For information see Regulations 29 CFR Part 825.600-.603.

The employee must advise the employer when intermittent leave or leave on a reduced leave schedule is needed, as well as the reasons why such leave is needed and any schedule of treatments, if applicable.

The employee must consult with the employer when such leave is requested and make a reasonable effort to schedule leave so it does not unnecessarily disrupt the employer’s business operations. For more detailed information see Regulations 29 CFR Part 825.302(e) and (f).

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