When is intermittent leave permitted under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Under what circumstances—if any—is use of intermittent leave prohibited?

ADA

Intermittent leave is allowed as reasonable accommodation under the ADA. Intermittent leave policies should be considered as a reasonable accommodation as long as granting intermittent leave does not impose an undue hardship on the employer.

In terms of compensation, an employer does not have to provide paid leave beyond that which is provided to similarly situated employees. However, employers should allow an employee with a disability to exhaust accrued paid leave first and then provide unpaid leave.

FMLA

Intermittent leave is permitted under the FMLA for serious health conditions. Intermittent or reduced leave may be provided if medically necessary for the employee’s serious health condition, a family member’s serious health condition, for servicemember caregiver leave, or because of a qualifying exigency arising from a family member’s military service or call to military service.

If an employee requests intermittent leave based on planned medical treatment, the employer may require that the worker transfer temporarily to another job with equivalent pay and benefits, which better accommodates the employee’s need for recurring periods of leave.

However, intermittent leave is generally prohibited for bonding leave. Leave for adoption, foster care placement, or the birth of a child may not be taken intermittently or on a reduced schedule, unless the employer and the employee agree to such an arrangement or, in the case of adoption only, unless the placement is on such short notice that there is not time for the employee to schedule events related to the adoption around his or her work schedule.

This article is part of a series that compares and contrasts various aspects of the two laws.

Next article: Reinstatement rights under both laws.