Human Resource Blog

Utah FMLA

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One of our employees is pregnant and has severe morning sickness.  She has come to work at our Utah 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?

In Utah, as well as approximately 39 other states, employees do not have any state-mandated disability or maternity leave, aside from the federal FMLA. 

The Family and Medical Leave Act (FMLA) is applicable to employees at locations that have 50 or more employees within a 75-mile radius.  FMLA also applies to public agencies, including private and public secondary and elementary schools, regardless of how many employees those institutions have.

For all companies that are covered by the federal FMLA law, nothing at all prevents employees from using their leave in any way that they choose.  It is perfectly fine for them to take their leave sporadically or intermittently. 

For an employee experiencing pregnancy-related nausea and vomiting, she is entitled to take unpaid time off.  She may take this time off even in partial days or hours.  An employer may naturally want to request a doctor’s note from any employee to prove that she has a medical condition.  This is perfectly within the employer’s rights.  Keep in mind, however, that once an employee has obtained a medical note, she can take off whatever number of hours she needs to take.  She will also not need to schedule her time off, since her condition is sporadic in nature.

Many employers are concerned about FMLA being used on a sporadic or intermittent basis.  According to the United States Department of Labor, this is a major concern for employers throughout the country.  Some people have said that they do not believe that this was the original intention of the FMLA.  In the future, it is possible that new legislation may address this issue.

For the time being, however, all employees who are entitled to leave under the Family and Medical Leave Act must be allowed to receive it, even if the leave is not for a full day.  Employees are eligible for this leave if they have worked for their current employer for at least 1,250 hours during the preceding 12 months. JH