Human Resource Blog

FMLA - Intermittent or in two week blocks?

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My Employer (a large telecommunications leader) granted me intermittent FMLA for “bonding” with my child (The local office of this particular company is in Alabama). I was leaving work early two days a week more or less under the FMLA granted to me.When I changed management teams, the new manager informed me that my FMLA was incorrect, and that I  could only take it in blocks of two weeks or more - that intermittent FMLA for this reason was not allowed.

Later that day the HR rep informed me of the same issue. I was told that our company was able to interpret the “bonding” side of FMLA at its discretion and had chosen to implement a regulation to not allow it intermittently. I was told that they would work with me for “a while” until I would be back on their required schedule.

Due to the high cost of childcare, I cannot afford to care for the child right now with any other situation than the intermittent leave. My question is, should I go ahead and face financial ruin to comply - or do I have a case against this company? Do they really have the liberty to say I cannot use bonding FMLA intermittently?
Thanks for your time!

Under the FMLA, employees are permitted to take unpaid leave intermittently for their own serious health condition. If John has cancer, he can take time out of the office for treatments.

 

Employees are also permitted to take unpaid leave intermittently to care for an immediate family member with a serious health condition. Suzie can work 6 hours per day rather than 8 hours per day to be with her daughter, who has leukemia.

 

However, the FMLA does not require that employers provide intermittent leave for a parent to bond with a baby.  Mothers and fathers are permitted to take up to 12 weeks of unpaid leave in the baby’s first year of life to bond. Such FMLA may be given intermittently, at the employer’s discretion. In your case, the employer permitted intermittent leave in your old position, but no longer permits it. That is their pejorative. So, no, you have no case against this company.