Md. Code Regs. 11.02.13.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.02.13.08 - Intermittent FMLA Leave and Reduced Work Schedules

A. Intermittent FMLA leave or a reduced work schedule due to a serious health condition of an employee or family member may be arranged when medically necessary. Medical necessity includes planned medical treatment and recovery from serious health conditions.

B. Intermittent leave or a reduced work schedule for birth or placement of a child for adoption or foster care may be taken with the Department's consent.

C. An employee who requests intermittent FMLA leave may be temporarily reassigned to an alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.

D. An alternative position has equivalent pay and benefits but does not necessarily have equivalent duties. However, benefits earned based upon hours worked, such as vacation and sick leave, are reduced accordingly.

E. The Department may request the employee to provide the reason why the leave must be taken on an intermittent leave or reduced work schedule basis, and the schedule for treatment, if applicable.

F. An employee requesting intermittent FMLA leave or a reduced work schedule due to a serious health condition may be required to provide certification from the health care provider that the leave is medically necessary. The expected duration and schedule of the leave must also be provided.

G. Only the leave actually taken is counted toward the 12-week entitlement. The amount of FMLA leave used is calculated based upon the proportion of the normal workweek. If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks before the beginning of the leave period is used for calculating the employee's normal workweek.

Md. Code Regs. 11.02.13.08