If you have a chronic or ongoing medical condition that affects your ability to work, you may be entitled to take intermittent leave under both Arizona (Medical Leave Act) and federal law. This type of leave allows employees to take time off in separate blocks (rather than all at once) when a serious health condition flares up or requires ongoing treatment.
It can also be used for regularly scheduled medical appointments or periods of incapacity related to your condition. Continue reading to learn more.
What Is Intermittent Leave?
Intermittent leave is a form of job-protected time off that can be taken in small increments, such as a few hours, a single day, or several non-consecutive days. Contrast this with traditional leave, which is taken as one continuous block of time. Intermittent leave is designed for employees who need time off for recurring medical appointments, treatments, or flare-ups of chronic conditions.
For example, if you suffer from migraines, asthma, diabetes, or another chronic health issue, you may not need several weeks away from work. However, you may require occasional days off when symptoms become unmanageable. Intermittent leave enables you to manage your health without jeopardizing your employment.
Examples of When Intermittent Leave May Apply
Intermittent leave can apply to a wide range of health conditions and caregiving responsibilities.
Common scenarios include:
- Attending weekly physical therapy for a back injury.
- Missing occasional full or partial workdays due to severe arthritis pain.
- Managing side effects of chemotherapy or radiation treatments.
- Taking rest days following flare-ups of chronic fatigue syndrome or lupus.
- Caring for a parent experiencing unpredictable episodes due to Alzheimer’s disease.
Importantly, intermittent leave is not limited to physical conditions. It also applies to mental health conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD), provided the condition meets the legal definition of a serious health condition.
Legal Protections Under FMLA
Both the Arizona Fair Wages and Healthy Families Act and the federal Family and Medical Leave Act (FMLA) provide eligible employees with job-protected leave. While Arizona’s law allows workers to earn paid sick time, the FMLA offers up to 12 weeks of unpaid leave per year. This leave may be taken intermittently if medically necessary.
To qualify under FMLA, you must work for a covered employer, which includes employers with 50 or more employees within a 75-mile radius.
You must also have worked at least 1,250 hours in the past 12 months and have been employed by the company for at least 12 months (consecutive employment is not required). Additionally, you must have a qualifying medical condition or be caring for a family member with one.
What Is the Difference Between Arizona Sick Leave and FMLA?
While Arizona law requires employers to provide paid sick leave, the FMLA provides additional protections for longer-term or recurring conditions. Arizona’s law covers short-term or immediate illnesses, while FMLA can cover more serious or chronic conditions, including those requiring intermittent leave.
If your condition qualifies under either law, your employer must accommodate intermittent leave as recommended by your treating healthcare provider.
Certification Requirements
Your employer may require you to submit a medical certification confirming that intermittent leave is medically necessary.
This documentation typically includes:
- The general nature of your condition (a diagnosis is not required unless you voluntarily disclose it).
- The expected duration and frequency of episodes.
- A statement explaining the need for intermittent leave.
Employers may request recertification periodically, especially if your condition or work schedule changes. However, any medical information provided must be kept confidential and stored separately from your personnel file.
Can an Employer Deny Intermittent Leave?
Generally, if you meet the eligibility criteria and provide proper medical documentation, your employer cannot legally deny your right to intermittent leave.
Employers are also prohibited from retaliating against employees who take protected leave. This includes demotion, termination, discipline, or any form of workplace harassment related to the use of intermittent leave. Such conduct may violate FMLA or Arizona’s paid sick leave laws.
Contact the Experienced Phoenix Employment Lawyers at Houk Employment Attorneys for Help Today
Intermittent leave under Arizona and federal law provides a critical safeguard for employees who need flexible, ongoing time off to manage medical needs. If you’re unsure whether you qualify or are facing resistance from your employer, consult our Phoenix employment lawyers at Houk Employment Attorneys to learn more about your rights.
Contact us today for an initial consultation. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
