Intermittent leave: More than just an FMLA issue

Intermittent leave is most often associated with the Family and Medical Leave Act (FMLA), but it also plays a major role in accommodations under the Americans with Disabilities Act (ADA). Understanding how intermittent leave fits into both legal frameworks is essential for employers today.

Key legal protections

• Americans with Disabilities Act (ADA)
  • Prohibits discrimination based on disability
  • Requires reasonable accommodations for qualified individuals
  • Covers physical or mental impairments that limit major life activities
    
• ADA Amendments Act of 2008
  • Broadened the definition of disability
  • Many state laws go even further in their protections

What is a reasonable accommodation?
A reasonable accommodation is any change that allows an employee with a disability to perform essential job functions. These may include:

• Modified equipment or workspace
• Schedule adjustments or closer parking
• Leave of absence, even if FMLA has been exhausted
• Reassignment to a vacant role as a last resort

Employers are not required to grant accommodations that pose an undue hardship.

Intermittent leave under the ADA

• Defined as: Leave taken in non-continuous blocks
• Why it matters: Enables employees to continue working while managing health conditions
• When it applies: Even if FMLA doesn’t, the ADA may still require consideration of intermittent leave

Benefits of intermittent leave

• For the employee:
  • Maintains income and workplace connection
  • Can support faster healing through continued activity
    
• For the employer:
  • Keeps experienced staff contributing
  • Reduces need for extended coverage or new training

Employer best practices

• Review documentation carefully
  • Must specify frequency and duration of time off or modified duties
    
• Engage in the interactive process
  • Discuss options collaboratively with the employee
  • Consider trial periods to test accommodations
    
• Document everything
  • Capture communications, decisions, and trial outcomes for compliance

Managing potential abuse

• Monitor adherence to agreed leave frequency and duration
• Request recertification if use exceeds what’s medically supported
• Apply discipline consistently across disabled and non-disabled employees

Final thoughts
When used effectively, intermittent leave creates a supportive, productive environment that benefits everyone and can often provide the best balance between health and job performance.