Riddle me this: When can intermittent FMLA leave be 16 days long?

The issue of intermittent leave under the Family and Medical Leave Act (FMLA) continues to bedevil Texas employers. The federal court of appeals covering Texas brought some clarity to the issue in a recent opinion.

It’s all in the paperwork

Michael Price worked for International Paper Company. He was granted FMLA leave from July 23, 2018, to August 5, 2018. So he was expected to return to work on August 6, and he did. His troubles started August 7.

Operations Manager Chad Deas told Price essentially, “Whoa! You can’t come back to work without a medical release from your doctor. Leave work and go home.” He did. But he then got spun around like a weather vane.

Price’s supervisor, John Woodall, said to him, “Going home on August 7 means you have three unapproved absences in a six-month period, and you are now subject to termination per the company rule. Rules are rules.”

Price no doubt pleaded he was doing what he was told—not once but three times: go on FMLA leave (he did), report back when his leave expired (he did), and leave work when directed (he did). As the expression goes, “There oughta be a law.” Turns out, there is: the noninterference provision of the FMLA.

What did company miss?

Well, the law doesn’t clearly state how long intermittent leave can last. The FMLA regulations define such leave only as a separate block of time due to a single qualifying (FMLA) event. And Price’s leave was exactly that, albeit longer than such leave is generally taken.