INTERMITTENT LEAVE AND REDUCED LEAVE SCHEDULE - TRAPS FOR THE UNWARY UNDER THE FAMILY AND MEDICAL LEAVE ACT

The recently enacted federal Family and Medical Leave Act can create a multitude of compliance and operational difficulties for employers. Employee requests in advance for long-term full-time leaves of absence usually will present straightforward issues for an employer covered by the Act, and the employer usually can make suitable arrangements to compensate for an employee's extended absence. More burdensome are employee requests for shorter leaves-perhaps lasting a few days or even hours. To the surprise of many employers, these requests now may be governed by provisions of the Act, rather than company attendance or leave policies. This article addresses the concepts of ''intermittent leave'' and ''reduced leave schedule'' under the Act by reviewing the employer's federal obligation to provide leave; outlining various scenarios in which short-term leave may be requested; and providing recommendations for dealing with employee requests for short-term leave.