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Introduction to the
Family and Medical Leave Act

When can leave be taken

The question of "when" leave can be taken does not usually arise. For example, leave for the serious health condition of the employee or the employee's family member is taken while the employee or the family member has the serious health condition. However, if the leave is for planned medical treatment and the treatment can reasonably be scheduled so as to lessen the disruption to the employer, then the employee has the duty to do so.

With respect to the birth, adoption or placement of a child, the leave must be taken within 12 months of the birth, adoption or placement. See, 29 U.S.C. Section 2612(a)(2).

The ins and outs of taking leave

This section addresses some of the basic questions you may have about how family or medical leave is taken.

Intermittent or part-time leave

In general, leave cannot be taken intermittently or on a part-time basis unless medically necessary or unless the employer and employee are in agreement. If the leave is necessary for planned medical treatment, the employer has the right to temporarily transfer the employee to an alternative position that would allow it to more easily accommodate the employee's absences. However, the employee shall receive the same pay and benefits as before. See, 29 U.S.C. Section 2612(b).

Unpaid or paid leave

If an employer provides paid leave for fewer than 12 workweeks, the additional weeks of leave necessary to attain the 12 workweeks may be provided without compensation. Also, an employer may require that the employee use accrued vacation leave, personal leave or family leave for any part of the 12-week period. See, 29 U.S.C. Section 2612(d). But the employer must give the employee adequate notice if it intends to require the employee to use his or her paid leave time.

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