Over four weeks, we asked Compliance Network subscribers whether they allow eligible employees to take FMLA leave on an intermittent basis when that leave is taken strictly for bonding. Here’s what they said:

• 61 percent indicate that they do allow employees to take intermittent bonding leave
• 35 percent indicated that they do not allow for it
• 4 percent indicated that they allow intermittent bonding leave only for employees in certain categories

Under the federal Family and Medical Leave Act (FMLA), eligible employees are not automatically entitled to leave to bond with a healthy child on an intermittent (or reduced schedule) basis. They may take the leave intermittently only if the employer agrees to it.

Employees are entitled to otherwise take the 12 weeks of bonding leave on a continuous basis.

These poll results illustrate that most employers go beyond what is required by law when it comes to allowing employees intermittent leave for bonding.

Benefits

Allowing the leave intermittently enables the employee to perform some work so employers are less pressed to find someone to fill in. Therefore, this type of leave profile can benefit both employee and employer.

Having a set schedule agreed upon by employer and employee can also help make the absences less disruptive, as everyone knows what to expect.

Employers may also decide which categories of employees may take the leave intermittently, as long as this is not based on a protected class. Office employees, for example, might be better suited for intermittent leave than production employees or vice versa.

State laws

Some state leave laws entitle employees to intermittent leave to some extent for bonding. Therefore, employers need to be aware of state leave provisions as well as the federal.

Under the California Family Rights Act, for example, employees do not need the employer's agreement to take intermittent bonding leave. Employees may, however, be required to use such leave in two-week minimum increments, with an exception for shorter increments on at least two occasions.

Key to remember: While employers are not mandated to allow eligible employees to intermittent FMLA leave for bonding with a healthy child, many employers do. Employers must, however, stay up to date on state leave laws.