R.C.S.A. § 31-51qq-14
Does FMLA leave have to be taken all at once, or can it be taken in parts (intermittently or on a reduced schedule)?
Cite as Conn. Agencies Regs. § 31-51qq-14
or on a reduced schedule)?
(a) An eligible employee may take FMLA leave intermittently or on a reduced schedule under
certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of
time due to a single qualifying reason. Reduced schedule leave is a leave schedule
that reduces an employee’s usual number of working hours per workweek, or hours per
workday. A reduced schedule leave is a change in the employee’s schedule for a period
of time, normally from full-time to part-time.
(b) When leave is taken after the birth or placement of a child for adoption or foster
care, an employee may take a leave intermittently or on a reduced schedule only if
the employer agrees. Such a schedule reduction might occur, for example, where an
employee, with the employer’s agreement, works part-time after the birth of a child,
or takes leave in several segments. The employer’s agreement is not required for leave
during which the mother has a serious health condition in connection with the birth
of her child or if the newborn child has a serious health condition.
(c) An eligible employee may take leave intermittently or on a reduced schedule when medically
necessary for planned or unanticipated medical treatment of a serious health condition
or of a covered servicemember’s, as defined by section 31-51qq-50(a)(1) of the Regulations
of Connecticut State Agencies, serious injury or illness, or for recovery from treatment
or recovery from a serious health condition or a covered servicemember’s serious injury
or illness. An eligible employee may also take leave to provide care or psychological
comfort to a family member with a serious health condition or a covered servicemember.
(1) An eligible employee may take intermittent leave for the serious health condition
of a family member, for the employee’s own serious health condition, or for a serious
injury or illness of a covered servicemember which requires treatment by a health
care provider periodically, rather than for one continuous period of time, and the
leave may include periods from an hour or more to several weeks.
(2) Examples of intermittent leave would include leave taken on an occasional basis for
medical appointments, or leave taken several days at a time spread over a period of
several months, such as for chemotherapy. A pregnant employee may take leave intermittently
for prenatal examinations or for her own condition, such as for periods of severe
morning sickness. An example of an employee taking leave on a reduced schedule is
an employee who is recovering from a serious health condition and is not strong enough
to work a full-time schedule.
(3) An eligible employee may take intermittent or reduced schedule leave for absences
where the employee or family member is incapacitated.
(d) Leave due to the employee serving as an organ or bone marrow donor may be taken on
an intermittent or reduced schedule basis.
(e) Leave due to a qualifying exigency, as described in section 31-51qq-49 of the Regulations
of Connecticut State Agencies, may be taken on an intermittent or reduced schedule
basis.
(f) There is no limit on the size of an increment of leave when an employee takes intermittent
leave or leave on a reduced schedule. However, an employer may limit leave increments
to the shortest period of time that the employer’s payroll system uses to account
for absences or use of leave, provided it is one (1) hour or less. For example, an
employee might take two (2) hours off for a medical appointment, or might work a reduced
day of four (4) hours over a period of several weeks while recuperating from an illness.
An employee may not be required to take more FMLA leave than necessary to address
the circumstance that precipitated the need for the leave.