Human Resource Blog

Intermittent Unscheduled FMLA in Alabama

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 One of our employees is undergoing chemotherapy and has severe nausea. She has come to work at our

Alabama company 2 or 3 hours late several times. She wants to use FMLA for that time, but I told her that FMLA only covers an entire day of leave, not a few hours here and there. Who is right?

She is right. When a company is covered by the federal Family and Medical Leave Act law, the time may be taken intermittently. Alabama is one of those states – there are about 39 – that have no maternity leave or state disability leave of their own. As a consequence, it is covered by the FMLA.

She is entitled to take unpaid time off, whether or not it’s partial days. As long as the chemo-related nausea and vomiting is so serious she is unable to work she’s entitled to the time, even if that time is taken in parts of days. The time does not need to be scheduled in advance, because of the unpredictable nature of the ailment.

Compare it to the employee who is going through a difficult pregnancy. That worker may only be able to work 6 hours every day, rather than the typical 8 hours. The FMLA time could be taken in units of 2 hours at a time.

In any case, your employee needs to show a doctor’s statement if you ask her for one.

She and all other employees protected by FMLA may take up to 12 weeks or 480 hours of the unpaid leave within a 12-month period. The time taken off during the pregnancy counts toward the total, just as the time after the birth. So, for example, if a pregnant employee takes 80 hours off because of the nausea and vomiting associated with morning sickness, she’ll only have 400 hours – or 10 weeks – of leave after the birth. 

For the employee undergoing chemo, the leave will also be limited to 12 weeks total, or 480 hours if she works 40 hours per week.

All employees are entitled to the time if they have worked for the employers 1,250 hours or more during a 12-month period. The unpaid leave limit under FMLA is 12 weeks, and covers various health and personal reasons. You must also keep up her company health insurance during this period.

FMLA is applicable to any workers in businesses with 50 or more employees within a 75-mile radius. Among the conditions covered by the FMLA are a serious health condition in the employee, or the birth of a child.

The intermittent FMLA leave is a common source of concern among employers. A report by the U.S. Labor Department recently said, in fact, that it is the major issue nationwide among employers.