Can continuous and intermittent FMLA or PFL be used together?

Employment Law Forum
1

Hey, I’ve been wondering if it’s possible to take continuous FMLA or PFL and intermittent leave at the same time. I’ve heard different things, and I’m trying to figure out how long each can be used. Does anyone here have experience with this, especially for New York?

2

From what I know, continuous leave is taken all at once, and intermittent leave is for separate days or times. They usually can’t overlap for the same issue.

3

AggreyJames said:
From what I know, continuous leave is taken all at once, and intermittent leave is for separate days or times. They usually can’t overlap for the same issue.

Got it. So if you’re switching between them, does the total time still count toward the same limit?

4

@Amory
Yes, it does. Whether it’s continuous or intermittent, the time all adds up to the same 12 weeks.

5

In New York, FMLA and PFL can be used together if your situation qualifies for both, but I haven’t seen anything about combining continuous and intermittent leave.

6

Fable said:
In New York, FMLA and PFL can be used together if your situation qualifies for both, but I haven’t seen anything about combining continuous and intermittent leave.

Thanks for that. So it sounds like you’d need to finish one type of leave before starting the other?

7

@Vega
Exactly. You can switch between them, but you’d need employer approval and have to stay within the total limit.

8

FMLA lets you take leave either continuously or intermittently. PFL, however, only allows full-day increments, so it’s not as flexible.

9

Ming said:
FMLA lets you take leave either continuously or intermittently. PFL, however, only allows full-day increments, so it’s not as flexible.

Wait, does that mean you can’t take partial days with PFL at all?

10

@Rowan
Exactly. PFL is stricter, so it has to be full days off, unlike FMLA where you can take shorter amounts of time.

11

I looked into this before, and while you can switch between continuous and intermittent leave, the total time can’t go beyond the 12 weeks allowed.

12

Elliot said:
I looked into this before, and while you can switch between continuous and intermittent leave, the total time can’t go beyond the 12 weeks allowed.

That makes sense. So you’d have to carefully track how much leave you’re using in each type?

13

@Vega
Exactly. If you’re not keeping track, it’s easy to run out of time before you expect it.

14

You can’t extend your leave by combining continuous and intermittent types for the same issue. For example, you can’t take 12 weeks continuous and then add 12 more intermittent.

15

Micah said:
You can’t extend your leave by combining continuous and intermittent types for the same issue. For example, you can’t take 12 weeks continuous and then add 12 more intermittent.

That clears up a lot. So no matter how you split it, the max is always 12 weeks?

16

@Vega
Exactly. Whether you take it all at once or break it up, you still only get 12 weeks total.