When is intermittent leave permitted under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Under what circumstances—if any—is use of intermittent leave prohibited?
 |
Intermittent leave is allowed as reasonable accommodation under the ADA. Intermittent leave policies should be considered as a reasonable accommodation as long as granting intermittent leave does not impose an undue hardship on the employer.
In terms of compensation, an employer does not have to provide paid leave beyond that which is provided to similarly situated employees. However, employers should allow an employee with a disability to exhaust accrued paid leave first and then provide unpaid leave.