C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER C—OTHER LAWS › PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993 › Subpart B—Employee Leave Entitlements Under the Family and Medical Leave Act

29 C.F.R. § 825.203

Scheduling of intermittent or reduced schedule leave

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Eligible employees may take FMLA leave on an intermittent or reduced schedule basis when medically necessary due to the serious health condition of a covered family member or the employee or the serious injury or illness of a covered servicemember. See § 825.202. Eligible employees may also take FMLA leave on an intermittent or reduced schedule basis when necessary because of a qualifying exigency. If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, then the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer's operations.

Notes of Decisions
Cited in 54 cases (4 in the last 5 years), 1995–2025 · leading case: Mellen v. Trs. of Boston Univ., 504 F.3d 21 (1st Cir. 2007).
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Mellen v. Trs. of Boston Univ., 504 F.3d 21 (1st Cir. 2007). · cites it 2× “29 C.F.R. § 825.203 (a). “There is no limit on the size of an increment of leave when an employee takes intermittent leave.”
Mora v. Chem-Tronics, Inc., 16 F. Supp. 2d 1192 (S.D. Cal. 1998). · cites it 2× “§ 2612 (b)(1); 29 C.F.R. § 825.203 (d); Cal. Code Reg. tit.”
Roberts v. Ground Handling, Inc., 499 F. Supp. 2d 340 (S.D.N.Y. 2007). · cites it 3× “” 29 C.F.R. § 825.203 (a). “Intermittent leave may be taken for a serious health condition which requires treatment by a health care provider periodically, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks.”
Dotson v. Pfizer, Inc., 558 F.3d 284 (4th Cir. 2009). “Because we find that Dotson has pointed to sufficient evidence showing that Pfizer either agreed to his intermittent adoption-related leave requests or misled him as to his eligibility for the FMLA, thus negating the possibility that he could come to a more formal agreement with…”
Hayduk v. City of Johnstown, 580 F. Supp. 2d 429 (W.D. Pa. 2008). · cites it 2× “When taking intermittent leave, the employee may not be charged for more leave than he actually uses, although his employer “may limit leave increments to the shortest period of time that [his] payroll system uses to account for ... use of leave, provided it is one hour or less.”
Collins v. United States Playing Card Co., 466 F. Supp. 2d 954 (S.D. Ohio 2006). · cites it 4× “29 C.F.R. § 825.203 . “Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason,” and “[t]here is no limit on the size of an increment of leave when an employee takes intermittent leave.”
Brown v. E. Maine Med. Ctr., 514 F. Supp. 2d 104 (D. Me. 2007). · cites it 7× “” 29 C.F.R. § 825.203 (d). 8 An employee may take intermittent leave “for absences where the employee .”
Ridings v. Riverside Med. Ctr., 537 F.3d 755 (7th Cir. 2008). “” 29 C.F.R. § 825.203 (a). Reduced schedule leave is defined as “a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday.”
Barron v. Runyon, 11 F. Supp. 2d 676 (E.D. Va. 1998). · cites it 4× “See 29 C.F.R. § 825.203 (a) (stating that intermittent leave can be taken in blocks as small as one hour and as long as several weeks, and that a reduced schedule usually consists of a change from full-time to part-time employment).”
Minnie Hatchett v. Philander Smith Coll., 251 F.3d 670 (8th Cir. 2001). “Hatchett also argues that the College imper-missibly forced her to take more leave than medically necessary, citing 29 C.F.R. § 825.203 . We need not specifically address this assertion because we hold that Hatchett was not entitled to intermittent or reduced schedule leave.”
Plautz v. Potter, 156 F. App'x 812 (6th Cir. 2005). “” 29 C.F.R. § 825.203 (a). 2 . The record is unclear if the approval of the forms submitted in March of 2000 was approval for future FMLA leave or also approval to qualify past absences as FMLA leave.”
Reeder v. Cnty. of Wayne, 177 F. Supp. 3d 1059 (E.D. Mich. 2016). “29 C.F.R. § 825.203 . "A reduced leave schedule i§ a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday.”
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— 29 C.F.R. § 825.203(a) — 1 case
Dennis Verhoff v. Time Warner Cable Inc., 299 F. App'x 488 (6th Cir. 2008).
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