No Undue Hardship Exception to Intermittent FMLA: What’s the Tea in L&E?

How should employers respond when an employee needs periodic time away for medical treatment or unpredictable flare‑ups? In this episode of What’s the Tea in L&E?, Leah Stiegler and Victor Cardwell unpack the practical and legal realities of intermittent FMLA leave.

They start with the fundamentals: when an employee is eligible for intermittent FMLA, employers must provide it. Leah and Victor explain why this requirement isn’t discretionary but a clear mandate under the Family and Medical Leave Act.

They also address a frequent point of confusion: FMLA does not include an “undue hardship” exception. Employers cannot deny intermittent leave because it disrupts scheduling or creates administrative challenges. Job‑protected leave is exactly that—protected.

To close, Leah and Victor offer guidance for managing intermittent leave effectively, including strategies for documentation, maintaining communication, and balancing compliance with operational demands.