Managing a chronic health condition while maintaining employment is already a significant challenge. When an employer compounds that difficulty by denying intermittent leave, the consequences can be severe — missed medical appointments, worsening health, disciplinary action for absences, or even termination. California workers are protected by both federal and state family and medical leave laws that specifically cover intermittent leave for chronic conditions, and an employer’s improper denial of that leave can give rise to a legal claim. Understanding what these laws require and how to respond to a denial is essential for any worker in this situation.
What Intermittent Leave Is and When It Applies
Intermittent leave allows an eligible worker to take leave in separate blocks of time or by reducing their normal work schedule when a serious health condition requires it. Unlike continuous leave — where a worker takes an extended period away from work — intermittent leave is designed for conditions that flare unpredictably or require periodic treatment, such as Crohn’s disease, migraines, lupus, diabetes, arthritis, or mental health conditions requiring recurring therapy or hospitalization.
Under the federal Family and Medical Leave Act (FMLA) and California’s analogous California Family Rights Act (CFRA), eligible workers at covered employers are entitled to up to 12 weeks of leave per year for their own serious health condition or that of a qualifying family member. Intermittent leave counts against this 12-week entitlement but cannot be denied simply because it is inconvenient for the employer’s scheduling needs.
Eligibility and Employer Coverage
To qualify for FMLA leave, a worker must have been employed for at least 12 months, worked at least 1,250 hours in the preceding 12-month period, and work at a location where the employer has at least 50 employees within 75 miles. CFRA applies to employers with five or more employees, making it significantly broader in California and covering many workers who fall outside the FMLA’s reach.
The condition itself must qualify as a serious health condition — defined as an illness, injury, or impairment that involves inpatient care or continuing treatment by a healthcare provider. Chronic conditions that produce episodic flare-ups qualify if they require periodic visits to a healthcare provider at least twice per year and continue over an extended period of time.
Common Reasons Employers Improperly Deny Intermittent Leave
Employers sometimes deny intermittent leave based on misunderstandings or deliberate misapplication of the law. Common improper denials include claiming the condition does not meet the serious health condition standard, requiring medical certification that goes beyond what the law permits, demanding more frequent recertification than allowed, or refusing to designate absences as FMLA or CFRA leave even when the employer has enough information to know the leave qualifies.
Some employers also retaliate against workers who use intermittent leave by counting protected absences under attendance policies, issuing disciplinary warnings, or using leave usage as a factor in performance evaluations. These practices are independently unlawful even when the employer does not outright deny the leave request.
What to Do After a Denial
A worker whose intermittent leave request has been denied should request the denial in writing and document the reasons provided. Medical certification from a treating physician that clearly supports the qualifying nature of the condition is important to have on record. If the employer’s denial is based on insufficient medical documentation, working with the treating physician to provide a more complete certification may resolve the issue — but the employer’s obligations do not disappear simply because the initial paperwork was incomplete.
If the denial persists or is accompanied by adverse employment actions, filing a complaint with the Department of Labor or California’s Civil Rights Department may be appropriate. Civil claims for FMLA and CFRA interference and retaliation carry remedies including lost wages, benefits, and other compensation.
Speak with an Attorney About Your Leave Denial
An employer’s improper denial of intermittent medical leave can have serious consequences for a worker’s health and livelihood. PLBH has the experience to identify unlawful leave denials and pursue the remedies California and federal law provide. Call (800) 435-7542 to speak with an attorney about your situation.