Organizational Wellness

Intermittent Leave: A Comprehensive Guide for HR Leaders

Last Updated Nov 27, 2024

Time to read: 10 minutes

Intermittent leave — where flexibility meets complexity in a way that would make even the most seasoned HR professional’s head spin. If your "leave request" list has you puzzling out how to accommodate an employee who needs every Tuesday afternoon off for the next six months or wondering if that request for two hours off every week is legit, then you’re in the right place.

Intermittent leave is all about flexibility and balance, but it can tie you up in knots if you don’t know what you’re doing. Whether you’re dealing with Mark from sales, who needs regular time off for physical therapy, or Lisa from accounting, who’s caring for an ill parent, intermittent leave is becoming just as common in the workplace as coffee breaks (and sometimes as essential). Almost three-quarters of working parents are considering altering their work schedule, according to an SHRM survey, showing a growing need for flexible leave options.

So, HR leaders, it’s time to roll up your sleeves and create a strategy for intermittent leave. These tips and guidelines will show you how to create a clear intermittent leave policy, effectively manage leave requests, stay compliant with relevant laws, and balance employee needs with business operations. Let’s get right into it!

What is Intermittent Leave?

Intermittent leave is a type of employee leave that allows for non-consecutive time off taken in separate blocks, rather than all at once. For example, an employee might take intermittent leave to attend ongoing medical appointments or to care for a family member with a fluctuating health condition. Unlike continuous leave, which involves an extended period away from work, intermittent leave is more flexible and often used for recurring or unpredictable needs.

You can think of it akin to jazz — it’s got rhythm, but it’s not always predictable. It allows employees to take time off in separate blocks, ranging from an hour here to a day there, or even working a reduced schedule. This type of leave is perfect for those juggling ongoing medical treatments, managing chronic conditions, or dealing with family care needs that pop up sporadically. This flexibility is increasingly important, as almost 95% of workers benefit from flexible work arrangements, according to a Deloitte survey.

Think of Mark from sales, who needs every Wednesday morning off for physical therapy. Or Lisa from customer service has migraines. Some days, she’s fine — for others,⁠⁠⁠⁠⁠⁠⁠ she needs a few hours off. Intermittent leave allows Mark and Lisa to manage their conditions without exhausting her sick days or taking extended absences. They don't have to chose between work and health — they can establish a finding harmony between the two. Being so flexible with employees can be a retention superpower as more than half of all employees would switch to a different company for better benefits, according to a 2024 Maven report.

Intermittent vs. Continuous Leave

While intermittent leave leave allows employees to take time off in separate blocks rather than one extended period, continuous leave is an extended period of time off without breaks, such as taking 6 consecutive weeks off for surgery and recovery. It's generally used for longer-term absences like maternity leave, serious health conditions, or extended caregiving. This involves a clear start and end date, making it easier to plan for coverage and workflow adjustments, whereas intermittent leave offers greater flexibility, allowing employees to take time off as needed without impacting their entire work schedule.

Continuous Leave: An extended, uninterrupted block of time off. Intermittent Leave: Smaller, non-consecutive increments of time off for recurring needs.

Intermittent Leave Laws

Compliance isn’t just about knowing the basics—it’s about understanding how different regulations can impact your team and your business. Here are several national and local laws that come into play with intermittent leave that you should be aware of as an HR leader.

Family and Medical Leave Act (FMLA)

FMLA is the most important law regarding employee leave. Here’s what you need to know:

Eligible employees can take up to 12 weeks of leave in a 12-month period.
This leave can be taken all at once or in smaller chunks (that’s where intermittent leave comes in).
It covers situations like serious health conditions, caring for family members, bonding with a new child, or certain military family leave situations.
FMLA leave is unpaid, but employees can (or may be required to) use paid time off concurrently.

Americans with Disabilities Act (ADA)

The ADA can also play a role in intermittent leave. While it doesn’t explicitly mention it, it does add a few special protections for employees with disabilities:

Requires employers to provide reasonable accommodations for employees with disabilities.
In some cases, intermittent time off could be considered a reasonable accommodation.
Unlike FMLA, there’s no set limit on leave duration under ADA. It’s more of a case-by-case basis.

State and Local Laws

State and local laws are a bit of a wild card. They can change the rules of intermittent leave depending on the state in which you operate. Some states have their own family and medical leave laws that may be more generous than FMLA. For example, California's Family Rights Act (CFRA) is similar to FMLA but covers more family members.

Intermittent Leave Eligibility Criteria

Intermittent leave isn’t just available on demand—there are specific requirements employees need to meet first. Here’s what you need to know before saying “yes” to flexible leave:

Employment duration: Employees need to have worked for their employer for at least 12 months. It’s like a probation period — you’ve got to prove you’re in it for the long haul.
Hours worked: During those 12 months, employees must have clocked at least 1,250 hours of work. That’s roughly 24 hours per week, so part-time workers generally don’t qualify.
Company size: The employer must have at least 50 employees within a 75-mile radius.
Qualifying reason: The leave must be for a qualifying reason under FMLA. This could be a serious condition, caring for a family member with a serious health condition, bonding with a new child, or certain military family leave situations.
Medical certification: For health-related leaves, a healthcare provider needs to certify that intermittent leave is necessary.

Key Components of an Effective Intermittent Leave Policy

Crafting an intermittent leave policy is a bit more involved than it might sound like. Unlike continuous leave, there’s a certain unpredictability associated with it. These components will help you create a five-star intermittent leave policy:

Clear definitions and eligibility criteria: You want to spell out what intermittent leave is and who’s eligible to take it. Be as clear as you can here. Define what situations qualify for intermittent leave and outline the eligibility criteria (like length of employment and hours worked). This way, everyone knows what to expect.
Request and approval process: Here’s where you lay out the steps for requesting intermittent leave. Who approves it? What information do they need to provide? Make this process clearer than a step-by-step cooking video. Consider creating a standardized form or using an HR tool to streamline the process.
Documentation requirements: What paperwork do employees need to submit? For health-related leaves, you’ll typically need medical certification. But what about other types of leave? Spell it out clearly, including any deadlines for submitting documentation.
Frequency and duration of leave increments: How often can employees take intermittent leave, and in what increments of time? Can they take it in hours, half days, or full days? Be specific so you and your team know what’s possible.
Return-to-workprocedures: What happens when an employee comes back after a bout of intermittent leave? Do they need to check in with HR or their manager? Is there any paperwork to complete?
Communicationand record-keeping: This is how you keep everything organized and ready to go. How will you track intermittent leave usage? How will you communicate with employees about their leave balance? Consider using a leave management system to keep everything in order.

Best Practices for Implementing an Intermittent Leave Policy

Now that you’re familiar with the key components, let’s take a look at how to implement your intermittent leave policy effectively. Here are the best practices:

Training for HR staff and managers: Invest time in training your HR staff and managers. They need to understand the ins and outs of the policy, how to handle requests, and how to manage teams with members on intermittent leave. Consider role-playing exercises to help them practice handling tricky situations. The more confident your team is in administering the policy, the smoother the process will be for everyone.
Clear communication to employees: Your policy should be transparent and accessible to all employees, not just those who are currently eligible. Use multiple channels — email, intranet, team meetings, and even physical posters in common areas. The goal is for everyone to understand their rights and responsibilities under the policy. This clear communication can help employees feel valued, and over nine-in-10 employees think it’s important for their company to value their wellbeing, according to the American Psychological Association.
Consistent application of policy: Consistency is very important when applying leave policies. Treat similar situations similarly to avoid claims of favoritism or discrimination. Consider creating a decision-making flowchart to help managers apply the policy consistently. This can also protect your organization from potential legal issues.
Addressing potential issues proactively: Anticipate potential problems before they arise. What if an employee abuses the policy? What if intermittent leave causes undue hardship on the business? Have a plan in place to address these issues. By thinking ahead, you can handle challenges more efficiently and with less disruption to your operations.

Common Intermittent Leave Challenges and How to Address Them

Even with the best policy and implementation, challenges can arise. Here are some common issues and strategies to tackle them:

Challenge: Scheduling difficulties

Intermittent leave can disrupt carefully planned schedules, especially for time-sensitive operations.

Solution: Cross-train employees to increase flexibility in coverage. Consider having a pool of on-call workers for last-minute absences. This approach provides more adaptability in managing unexpected leave.

Challenge: Tracking Leave

Keeping track of intermittent leave usage can be tedious — and it’s easy to make mistakes when you’re counting leave days manually.

Solution: Invest in leave management software like Calamari or Absence.io. These programs can track usage, send reminders, and generate reports, providing precision and reliability in leave management.

Challenge: Productivity Concerns

Frequent, unpredictable absences can impact team productivity and morale.

Solution: Focus on results rather than face time. Set clear expectations for work completion and communicate these to the whole team. Consider flexible work arrangements or job sharing to minimize disruptions.

Challenge: Communication Breakdowns

With employees coming and going on intermittent leave, it’s easy for important information to fall through the cracks.

Solution: Implement a solid system for knowledge sharing and project updates. This could be through project management software, daily team check-ins, or a buddy system.

Challenge: Manager Frustration

Managers may struggle to balance empathy for employees with business needs.

Solution: Provide ongoing training and support for managers. Help them understand the importance of intermittent leave and develop strategies for managing it effectively. Regular check-ins with managers can help address concerns and provide guidance.

Challenge: Suspicion of Abuse

Benefits exist to provide employees with resources and a safety net for when life happens, including intermittent leave. However, there may be instances when you suspect an employee is taking advantage of their intermittent leave.

Solution: Document patterns of leave usage. If you notice suspicious trends, you can request recertification. However, proceed with caution to avoid creating a hostile work environment or violating privacy laws.

Elevate Employee Support with Wellhub

Juggling intermittent leave can feel like keeping multiple spinning plates in the air, but it’s a key part of maintaining a balanced and supportive work environment. A well-implemented intermittent leave policy can improve employee satisfaction and productivity while also helping the organization remain compliant with laws and regulations.

Adding employee wellbeing program to yoru employee benefits as well can create a more holistic approach to supporting your workforce. While leave allows you to address the immediate need for time off, a wellness program can help address underlying factors that may be contributing to the need for leave. Doing so can foster a culture of understanding and flexibility that benefits both employees and the organization.

Wellhub specializes in developing tailored wellbeing programs. Our team of experts can help you create a wellness program that supports employees while maintaining operational efficiency. Reach out to our Wellhub Wellbeing Specialists today to see how we can help.

Company healthcare costs drop by up to 35% with Wellhub! (* Based on proprietary research comparing healthcare costs of active Wellhub users to non-users.) Talk to a Wellbeing Specialist to see how we can help reduce your healthcare spending!