Can they refuse intermitent leave because they have no part time jobs?

My daughter has developed pregnancy anemia in her seventh month of pregnancy. Her doctor prescribed a reduced work day "no more than six hours per day. She is under FMLA for her doctors visits already. For one week the company has been floundering , not making a decision whether or not it will be allowed. They are large corporation with an organized bargaining committee. Is it legal for them to refuse a 6 hour day because "we don"t have any part-time employees?

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Michigan

Answers (1)

Neil Klingshirn
You can take leave when medically necessary.

Assuming that she otherwise qualifies for FMLA leave, your daughter can take leave when it is medically necessary, in chunks of time or all at once. The regulation governing intermittent leave, 29 CFR 825.117 states as follows:

For intermittent leave or leave on a reduced leave schedule, there must be a medical need for leave (as distinguished from voluntary treatments and procedures) and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. The treatment regimen and other information described in the certification of a serious health condition (see Sec. 825.306) meets the requirement for certification of the medical necessity of intermittent leave or leave on a reduced leave schedule.

Employees needing intermittent FMLA leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt the employer's operations. In addition, an employer may assign an employee to an alternative position with equivalent pay and benefits that better accommodates the employee's intermittent or reduced leave schedule.

posted by Neil Klingshirn  |  Feb 3, 2001 1:12 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500