The Family and Medical Leave Act and Intermittent Leave

Ohio Restaurant & Hospitality Alliance

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Employees may request leave for the birth or placement of a child for adoption or foster care, or to care for a spouse, son, daughter, or parent with a serious health condition, or the employee’s own serious health condition. And finally, for illness, injury, impairment or physical or mental condition involving inpatient care, or continuing treatment by a Health Care Provider (“HCP”). The treatment must be for an incapacity of more than three consecutive, full calendar days that involves either: Treatment two times by an HCP (first in-person visit within seven days, both visits within 30 days of first day of incapacity) or treatment one time by an HCP (in-person visit within seven days of first day of incapacity), followed by a regimen of continuing treatment (e.g., prescription medication). It is within this category that intermittent leave arises, which typically poses the most difficulties for Ohio’s employers.


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