Can FMLA leave be taken on an intermittent basis?
Yes, in Tennessee, FMLA leave can be taken on an intermittent basis. This means that, instead of taking a continuous block of leave, an employee can take leave in smaller increments. For example, if an employee needs to take time off for a medical condition, they can take a couple of days off a week, or every other week. In order to take intermittent leave, the employee must be able to provide their employer with a doctor’s note that states what condition they have and which days they need to take off due to the condition. The employer can require the employee to provide medical certification for any period of intermittent leave. Additionally, the employee must work with their employer to create a leave schedule that both parties can agree to. The employee should also keep their employer updated if they experience any changes in their schedule or health condition. Finally, FMLA leave that is taken on an intermittent basis can only be used up to a certain amount of time, depending on the employee’s condition. In the case of Tennessee’s FMLA law, the maximum amount of leave per year is 12 weeks.
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