COVID-19 & Your Business: Frequent Questions

May an employee take leave under the EPSLA or the EFMLEA on an intermittent basis? (29 C.F.R. § 826.50)

In line with prior guidance issued by the DOL, the new regulations state that employers may, but are not required to, permit employees to take leave under the EPSLA and the EFMLEA intermittently, if both the employer and the employee agree.

Intermittent leave may be taken in any agreed increment of time. However, employees working at an employer’s worksite may only take leave intermittently to care for the employee’s son or daughter whose school or place of care is closed, or whose child care provider is unavailable because of reasons related to COVID-19. Otherwise, employees that work at an employer’s worksite (as opposed to teleworking) are not permitted to take intermittent leave and must use the permitted leave consecutively until the leave is exhausted and/or the employee no longer has a qualifying reason to take leave.

Last updated April 9

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