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Content Last Revised: 1/6/95
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 825  

The Family and Medical Leave Act of 1993

 

 

 

Subpart A  

What is the Family and Medical Leave Act, and to Whom Does It Apply?


29 CFR 825.117 - For an employee seeking intermittent FMLA leave or leave on a reduced leave schedule, what is meant by ``the medical necessity for'' such leave?

  • Section Number: 825.117
  • Section Name: For an employee seeking intermittent FMLA leave or leave on a reduced leave schedule, what is meant by ``the medical necessity for'' such leave?

    For intermittent leave or leave on a reduced leave schedule, there 
must be a medical need for leave (as distinguished from voluntary 
treatments and procedures) and it must be that such medical need can be 
best accommodated through an intermittent or reduced leave schedule. The 
treatment regimen and other information described in the certification 
of a serious health condition (see Sec. 825.306) meets the requirement 
for certification of the medical necessity of intermittent leave or 
leave on a reduced leave schedule. Employees needing intermittent FMLA 
leave or leave on a reduced leave schedule must attempt to schedule 
their leave so as not to disrupt the employer's operations. In addition, 
an employer may assign an employee to an alternative position with 
equivalent pay and benefits that better accommodates the employee's 
intermittent or reduced leave schedule.
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