How to Handle Intermittent Leave: Policies, Risks, and Compliance

What is intermittent leave?

Intermittent leave allows an eligible employee to take job-protected time off in separate blocks rather than one continuous period. It can also mean working fewer hours under a reduced leave schedule. The leave is tied to a single qualifying reason, such as a serious health condition, and must be medically necessary.

In the US, the Family and Medical Leave Act (FMLA) lets employees take leave intermittently for specific reasons without losing their job or health coverage. The leave can be taken in hours, days or weeks, depending on the employee’s needs and the medical certification provided.

In the UK, although there’s no direct equivalent to intermittent FMLA leave, several employment law protections allow flexible leave patterns. These include Statutory Sick Pay, carer’s leave, and flexible working arrangements, which may allow similar recurring periods of absence for health or caregiving.

Legal framework and eligibility

Managing leave rights starts with knowing who qualifies, and under what law.

FMLA and intermittent leave eligibility

To qualify for FMLA leave, an employee must:

• Have worked at least 12 months for the employer

• Have logged 1,250 working hours in the past 12 months

• Be employed at a location where the company has 50 or more employees within a 75-mile radius

The entitlement provides up to 12 weeks of unpaid leave per year, which can be taken as one continuous period, or as intermittent leave.

This employee’s FMLA leave entitlement resets every 12 months and applies to a qualifying reason, such as their own medical condition, care for a family member, or a military caregiver leave request.

Qualifying reasons and documentation requirements

Under FMLA regulations, leave may be taken for:

• A serious health condition (physical or mental)

• Care for a family member with a serious condition

• Birth, adoption or foster care placement of a newborn child

• A military caregiver or qualifying exigency related to a service member

To take FMLA leave intermittently, employees must provide a medical certification from a health care provider. The form should:

• Confirm the medical necessity

• Outline the expected frequency and duration

• Indicate any treatment regimen or planned medical treatment

• Include dates for medical appointments if known

Employers may request second and third opinions if the employee’s stated reason is unclear or seems inconsistent.

Permissible scheduling and employer controls

FMLA allows employers to apply reasonable effort to manage scheduling while still complying with the law. Here’s what employers can and cannot do:

Employers must ensure accurate tracking of reported hours to prevent exceeding the employee’s FMLA leave entitlement.

ADA reasonable accommodations and intermittent leave

When FMLA doesn’t apply, the Americans with Disabilities Act (ADA) may still offer another path.

ADA interplay beyond FMLA

If an employee is not eligible for FMLA leave, they may still qualify for intermittent leave under the disabilities act. The ADA requires employers to provide reasonable accommodations, which can include:

• Leave for a specified period of recovery

• Reduced working hours or reduced schedule

• Time off for recurring periods of treatment

This applies when the employee’s medical condition meets the ADA definition of a disability, and the leave would help them perform the essential functions of their job.

Interactive process and documentation

Under the ADA, employers should follow a structured interactive process:

• Review the employee’s medical condition and the need for such leave

• Consider a trial period to assess the impact on the business

• Request documentation on the frequency and duration

• Keep a record of all communications and any new medical certification

• Evaluate if the leave allows return to the employee's regular position

This process must be personalised, not standardised, and based on the individual case.

Managing abuse and recertification

To prevent misuse while staying compliant, employers can:

• Request recertification when the leave pattern changes significantly or exceeds expectations

• Compare usage to the previous certification

• Apply discipline for abuse in line with existing employee handbooks

• Require such new medical certifications after several weeks or if the medical need changes

Consistency is critical. If one employee is disciplined for policy breaches, all should be held to the same standard.

Designing effective intermittent leave policies

Policies don’t need to be complex, they just need to be clear.

Eligibility criteria and application steps

Well-written leave policies should lay out:

• Who qualifies and what counts as a qualifying reason

• Whether disabilities act criteria also apply

• Notice periods for both routine and emergency leave

• The process for submitting a medical certification

• Timelines for approval, and steps to temporarily transfer the employee if needed

A flowchart or checklist helps make the process more accessible to staff and managers alike.

Specifying form and frequency of leave

Avoid vague commitments. Instead, specify:

• How often leave can be taken (e.g. max 2 days per week for 6 weeks)

• How many hours per week the reduced leave schedule applies

• When reviews will be triggered (e.g. after four weeks or if usage exceeds plan)

• How to handle requests for continuous leave after intermittent leave

This gives managers a reference point and helps balance business needs with legal rights.

Policy dissemination and employee training

It’s not enough to write a policy; it must be seen and understood. Make sure to:

• Include the policy in employee handbooks

• Train managers on the difference between intermittent, continuous, and reduced leave

• Clarify expectations for employee requests and documentation

• Use templates for leave logs, approval forms, and notice letters

If line managers don’t understand intermittent leave, mistakes can easily lead to legal compliance issues.

Risks and pitfalls to manage

The challenge isn’t just offering leave; it’s doing it fairly, securely, and consistently.

Administrative complexity and overhead

Employers must:

• Track absences across separate blocks

• Calculate usage across different schemes

• Reconcile systems like payroll, HRIS, and scheduling tools

This can quickly become burdensome without integrated tracking and clear rules.

Inconsistent treatment or perceived unfairness

Risks arise when:

• Some roles can accommodate intermittent leave, and others can't

• Line managers interpret policy differently

• Some employees are required to submit medical certification, others are not

To avoid claims of unfair treatment or discrimination, apply policies uniformly and document decisions.

Legal compliance and documentation gaps

Lack of proper records or misunderstanding of the law can lead to:

• Violations of employment law (FMLA, ADA, UK GDPR)

• Missed deadlines for request recertification or second and third opinions

• Employees being denied job protection or returning to the wrong role

Employers should keep audit-ready files and regularly review compliance with both UK and US leave standards.

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Managing intermittent leave, especially in separate blocks of time or on a reduced schedule, can quickly become complex without proper systems in place. Shiftbase offers a smart way to stay in control.

With features like employee scheduling, time tracking, and absence management, Shiftbase helps employers:

• Track leave hours against entitlements with ease

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• Record time off for medical appointments or planned medical treatment

• View recurring patterns and avoid gaps in coverage

• Keep everything centralised for HR and payroll teams

Whether you’re dealing with intermittent FMLA, carer’s leave, or internal paid leave policies, Shiftbase lets you document, monitor and adapt in real-time.

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