Are employers required to grant intermittent or reduced schedule FMLA leave?

Yes, employers in New Hampshire are required to grant intermittent or reduced schedule Family and Medical Leave Act (FMLA) leave. FMLA provides qualifying employees with unpaid, job-protected leave for up to 12 weeks in any 12-month period for specified family and medical reasons. An employee may take this leave intermittently or on a reduced time basis if medically necessary and the employer agrees. Intermittent leave is taken in separate blocks of time due to a single qualifying reason. For example, an employee may take leave in separate days or hours over the course of a year. Reduced schedule leave is a form of intermittent leave in which the employee works a reduced schedule in order to accommodate their own or their family member’s medical needs. Under FMLA, employers must honor both intermittent and reduced schedule leave requests if they are due to a qualifying reason, such as the serious health condition of the employee or an immediate family member or the birth of a child. Employers must also allow employees to take any available paid leave in lieu of unpaid FMLA leave. Employers must provide notices about their FMLA policies, including notice of the ability to take intermittent or reduced leave when its use is medically necessary. If an employee requests intermittent or reduced schedule leave, employers must evaluate and give an answer to the request before it can deny it. Employees can take up to 12 weeks of FMLA leave in any 12-month period; however, the employer can require an employee to use leave in increments as small as one hour.

Are employers required to grant intermittent or reduced schedule FMLA leave?

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