Many times, it can be straightforward to provide an accommodation for an employee’s disability. Noise-cancelling headphones, for example, are an inexpensive, simple support for people with sensory issues, attention problems, or migraines.
Other accommodations, however, are not so straightforward. Consider intermittent leave: an employee with a chronic condition may need to take leave unexpectedly, for a few hours to a couple of days at a time. Intermittent leave is an especially complex accommodation, as it can intertwine with the Family and Medical Leave Act (FMLA).
In the article below, we’ll clarify what intermittent leave looks like as a reasonable accommodation under the Americans with Disabilities Act (ADA) and outline a few best practices to help your organization get it right.
What is Intermittent Leave Under the ADA?
The ADA obligates employers to provide reasonable accommodations that enable employees with qualified disabilities to perform the essential functions of their jobs. When intermittent leave is provided as an accommodation under the ADA, it takes the form of non-continuous leave.
It’s worth noting, however, that the term intermittent leave can also take the form of a reduced schedule with fewer work hours.
Employees often use this type of leave to make time for ongoing medical appointments or to deal with symptom flare ups. A worker with chronic migraines, for example, may need a few hours of intermittent leave every six weeks or so as her episodes come and go. An employee grappling with major depressive disorder may need a temporary reduced schedule while he attends outpatient therapy at a nearby hospital.
How Intermittent Leave Under the ADA and the FMLA Differs
Intermittent leave is most often associated with the FMLA. But when a disability is involved, it can also be an accommodation under the ADA — or both laws can apply at once. That overlap often causes confusion for HR teams and front-line managers alike.
Intermittent Leave Under the FMLA
When an organization provides intermittent leave under the FMLA, it must follow specific rules and documentation processes. That includes:
- Certifying the employee’s eligibility for FMLA
- Providing the employee with a notice of eligibility and rights
- Requesting and managing required documentation
Once approved, the employer is responsible for accurately tracking how much intermittent leave the employee uses. The FMLA provides up to 12 weeks of unpaid, job-protected leave in a 12-month period. When an employee takes 2.5 hours off to attend physical therapy, for example, that time is deducted from their FMLA allotment.
Intermittent Leave as an ADA Accommodation
When provided as an ADA accommodation, intermittent leave follows a much more flexible, individualized process.
First, the employer and employee must determine that the employee has a qualifying disability under the ADA. From there, they engage in what’s called the interactive process — an ongoing conversation to identify the employee’s limitations, explore potential accommodations, and assess whether they’re effective.
Unlike FMLA intermittent leave, there’s no set cap on how much leave can be provided under the ADA. The key limitation is undue hardship. If the leave would create significant difficulty or expense for the employer, it may not be considered reasonable.
In some cases, an employer may be required to provide additional intermittent leave beyond what the FMLA allows, so long as it enables the employee to perform the essential functions of their job and doesn’t create an undue hardship.
Why Managing Intermittent Leave is so Challenging for HR
When it comes to intermittent leave, an employer’s obligations under the ADA and FMLA are often overlapping. This reality helps explain why 43% of HR teams say managing intermittent leave is one of their top challenges, according to a recent AbsenceSoft report.
But that’s not the only reason why HR struggles with intermittent leave. Survey respondents named another top challenge: knowing whether a proposed accommodation is reasonable.
The ADA’s undue hardship standard is tricky to define, but it’s an important concept to get right, as it’s one of few reasons why an employer can deny an eligible employee an accommodation.
Put briefly, an accommodation creates undue hardship when it is “unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.”
An employee’s request for intermittent leave could cross this threshold, at least in theory. If the employee’s role is both unique and essential, frequent and unplanned absences could potentially damage operations. The request could still be reasonable, however, depending on the employer’s size, financial resources, and structure.
The difficulty in determining whether intermittent leave is reasonable underscores the importance of the interactive process. The interactive process is the employer’s opportunity to discuss whether intermittent leave is an accommodation that satisfies both parties — the employer and the employee.
But more than half of ADA accommodation requests either don’t complete the interactive process or skip it entirely, according to AbsenceSoft data. When that happens, employers face real risks:
- No documentation to show efforts were made to accommodate.
- Missed opportunity to determine if intermittent leave is a reasonable accommodation.
- Employees may feel ignored or unfairly treated, especially if communication lags.
- Delays or denials can trigger EEOC complaints or retaliation claims.
- Forcing leave or applying “100% healed” policies can violate the ADA.
- Trust and morale often drop when requests aren’t handled well.
The interactive process isn’t a form or a one-time call. It’s an ongoing conversation, especially important for intermittent leave, which often requires tracking, flexibility, and follow-up. Without a consistent, documented process, even strong HR teams can fall out of compliance or lose employee trust.
Best Practices for Managing Intermittent Leave Under the ADA
Intermittent leave is one of the trickiest accommodations to manage, but with the right approach, it’s absolutely manageable. Clear communication, consistent documentation, and a structured process make all the difference. Here’s how to get it right.
Start with the Interactive Process
The interactive process should begin as soon as an employee says they need help, whether it’s a formal request or a casual disclosure like, “I’m dealing with migraines again.” In today’s workforces, many more employees are comfortable requesting accommodations for what they need, including time away from work.
Once a request is made, the next steps should move quickly. HR and managers need to respond in good faith, documenting each interaction. That includes verifying the employee has a qualifying disability under the ADA, then working together to explore possible accommodations.
Determine Reasonableness
Once intermittent leave is proposed as a potential solution, it’s time to make sure it’s a reasonable accommodation. Employers are obligated to provide accommodations so long as they don’t create undue hardship, which is determined based on business impact, cost, disruption, and other factors specific to each situation and employer.
If the undue hardship threshold is crossed, employers aren’t always off the hook. They may be required to find an alternative accommodation that allows the employee to carry out their job.
Train Managers
Managers play an important role in the accommodations process. According to AbsenceSoft data, 45% of employees request accommodations directly from their supervisor.
This means managers must receive thorough training on the ADA. They should know, for instance, to keep employee’s information private, even when another team member asks about their accommodation.
They should also be trained to escalate leave and accommodation requests to HR as soon as they arrive.
Use Technology to Stay Compliant
Technology positions HR and managers to manage intermittent leave and other accommodations with consistency, efficiency, and compassion.
The AbsenceSoft platform, for example, provides a centralized location where employers can store and access documentation. It also keeps the interactive process rolling with automated reminders for check-ins. Finally, it provides a self-service portal for employees, who can instantly notify managers and HR when they need to take intermittent leave.
Manage Intermittent Leave with Confidence and Clarity
Intermittent leave under the ADA requires HR teams to balance employee support with operational needs — all while staying compliant. A well-defined, consistent process is essential. HR leaders should invest in manager training, clear internal procedures, and accommodations management technology to reduce risk and improve employee experience.
To learn how AbsenceSoft can equip your organization to track and manage intermittent leave with confidence and clarity, book a personalized demo today.