The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) provided an update to its “Questions and Answers” document regarding intermittent paid leave found here:
Under “normal” FMLA leaves, intermittent leave is only “required” for leave related to health issues (for the employee or to care for the employee’s family member), as well as “qualifying exigencies” for an employee with a (qualifying) family member on covered active duty in the Armed Forces, or who has been notified of an impending call or order to covered active duty. Otherwise, intermittent leave for the birth, adoption or placement of a child is only allowable if it is agreed upon by the employer and the employee.
In the answers provided to the questions posed in Nos. 20 – 22, the Department identifies situations in which intermittent leave can and cannot be used. Even where intermittent leave is allowable upon agreement between the employer and employee, the Department notes in multiple places that it “encourages employers and employees to collaborate to achieve maximum flexibility” as to intermittent leave.
Via a Field Assistance Bulletin (FAB), the WHD states it “will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e., March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act.” (Emphasis added.) At this time, the Department states “this limited stay of enforcement will be lifted” on April 17, 2020. A link to the FAB can be found here:
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