Making Intermittent FMLA Work for Your Health and Treatment Plans


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Making Intermittent FMLA Work for Your Health and Treatment Plans

157 million Americans have a chronic condition. Many of them are in the workforce. There, they may struggle with appropriate accommodations and having enough time to put into their treatment.

If you are one of the millions of Americans with a chronic condition that requires regular treatment appointments or has a cyclical nature of symptoms, you may benefit from Intermittent FMLA.

What Is FMLA?

First, let's cover FMLA: The Family and Medical Leave Act. This was an important piece of legislation that protects workers who must take time off for a personal medical reason or care for a family member.

It permits 12 workweeks of leave in a 12 month period. If you need surgery or you need to take care of a newborn, your employer should permit you this time and cannot give away your position while you are gone.

Finding a job as a disabled person is already difficult. It is essential to protect your employment when your condition interrupts your productivity.

While this offers a great option for many people living with chronic illness or disability to take extended time off for medical treatment or recovery, simply taking off three months of work may not be useful for those whose conditions only flare-up occasionally. So what's the alternative?

How Does FMLA Intermittent Leave Work?

Intermittent FMLA guidelines do not say that you must use all of the 12 weeks granted by FMLA at once. Instead, you can break up the 60 days it provides to be useful for your condition. Intermittent FMLA frequency and duration is up to you, your doctor, and your employer.

If you need to spread out treatments or have a condition that only affects you once in a while, applying for intermittent FMLA can protect your job when you need to turn your attention to your health.

Who Is Eligible for FMLA Intermittent Leave?

Unfortunately, not everyone can take FMLA leave. There are some stipulations.

First, your employer must meet certain requirements. They need to employ over 50 people. These people must be within a 75-mile radius. They must also operate 20 workweeks each year.

Local, state, and federal employers, schools, and other public agencies all meet requirements for FMLA.

Then you must meet some stipulations. You need to have worked for a company for a year, even if the months were not one after the other (this applies to seasonal workers, for instance).

Before you take a leave, in the preceding year you needed to work at least 1,250 hours. This extends coverage to many part-time workers.

What Can I Use Intermittent FMLA Leave For?

You can use FMLA for both sick days, recovery, and treatment, even breaking it down into intermittent FMLA hours.

If you are going to have surgery, use FMLA for the three weeks you need to take off. Then use it intermittently for days when you need to go to follow-up physical therapy.

Does your doctor only provide your migraine Botox injections during business hours? Every three months, FMLA can guarantee you the afternoon off to get to this appointment.

Treating your depression with weekly talk therapy? You're entitled to FMLA for this, too. If you need to see a therapist for a diagnosed medical condition, you can use intermittent leave to cover your time off.

While recovering or still in treatment, use intermittent leave to reduce working hours as you return to work.

Are You a Caregiver?

If you are a caregiver, you can also receive FMLA leave to take care of a child, spouse, or parent. Protect your job while you assist your family member.

What Kind of Information Do I Need to Provide My Employer?

Providing information to get intermittent FMLA is the difficult part for some people with disabilities and chronic illness. For those who are highly protective of their privacy, you may be uncomfortable with the extent of documentation your company may require.

Forms from your doctor will be requested. They may ask for treatment details, such as exact symptoms, symptom duration, needed medications, and treatment plans. Particularly for those with sensitive conditions, this may feel like an invasion of privacy.

Before providing information, sit down with your Human Resources department and ask where your personal medical information will be stored after you submit your intermittent FMLA application. They should have a definite answer for you and be able to explain how your privacy will be protected.

However, it is important to remember that your supervisor and human resources are complying with the law. You are protected in this situation. Though it is uncomfortable, this is one of the best ways to protect your position while you deal with a disability or medical condition.

Will I Have to Use My Personal Time Off?

This will be up to your employer. Your employer may require that you use your sick days and personal time off first, and then any extra days in the 12-month period that you need off for medical treatment will fall under the 60 days granted by FMLA.

Some employees may feel frustrated because they end up running out of their personal time due to illness quickly and then only have FMLA left. Talk to your employer and see if they are willing to run con-current time off tallies.

This way, you can let your supervisor know when you need a day off whether or not it should fall under FMLA. You will preserve your personal time off and still have a chance to take a vacation or a day off for fun when you need it.

Applying for Intermittent Leave

When requesting intermittent FMLA leave, you do not have to give an exact diagnosis. However, explain that you have a particular treatment plan or recommendations from your physician. 

Their process will then begin, requesting information from your treatment provider and approving your leave.

If you need support figuring out how to get started, ask others who have been through it at the DisabledPerson forums. Getting creative with intermittent leave to improve your health is an important step to take for both your personal and work life.