Can I Take Intermittent FMLA Leave in Florida

By Michelle Cohen Levy

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Family and Medical Leave Act (FMLA)

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Last Modified on Oct 28, 2026

The Family and Medical Leave Act (FMLA) allows for job-protected leave for your own medical needs or the needs of a loved one, but not all medical needs allow for one uninterrupted period of leave. When you or a loved one has a chronic or unpredictable condition, you may wonder: can I take intermittent FMLA leave in Florida? You are able to, as long as you meet the requirements.

What Is Intermittent Leave?

Intermittent leave under the FMLA refers to taking blocks of time off work for one reason that qualifies for FMLA leave. This means employees are not required to take one sustained leave of absence.

Like typical FMLA leave, you must be an eligible employee and have a qualifying reason for the leave, such as:

• You are dealing with a serious health condition that prevents you from completing work
• A spouse, parent, or child has a serious health condition, and you are caring for them
• You are welcoming a newborn child, adopted child, or foster child, and caring for that child
• There is a qualifying emergency related to the fact that your spouse, child, or parent is a covered military member who is on active duty or on call for active duty
• A service member spouse, parent, or child of yours has a serious injury or illness

In Florida, 13.7% of the population is disabled, and there are 72,435 people in the armed forces in the state.

When Do You Qualify for Intermittent Leave?

You can only take intermittent leave if you are a covered employee, you have a qualifying reason, and one of the following is true:

1. It is medically necessary. For a qualifying health condition, it must be medically necessary and most effectively accommodated through intermittent leave. This includes health conditions that incapacitate a person or if you are pregnant and addressing your own prenatal care.
2. It is for the care or placement of a child, and your employer agrees. If you are welcoming a child into your family, you can take intermittent leave if your employer agrees to it. Agreement is not required if the newborn child or expectant parent has a serious health condition.
3. It is a qualifying emergency. Qualifying emergencies can be taken intermittently.

If you have medical treatment planned, you should take reasonable steps to schedule it so that it does not disrupt your employment.

Reach Out to The Law Office of Michelle Cohen Levy, P.A.

When you want to hire an FMLA lawyer, your search for a Florida FMLA attorney doesn’t have to go any further than The Law Office of Michelle Cohen Levy, P.A. Our founding attorney, Michelle Cohen Levy, leverages her knowledge of federal and state employment laws to provide counsel that’s legally sound and relevant.

She knows how to litigate complex FMLA cases in the 17th Judicial Circuit Court of Florida on SE 6th Street in Fort Lauderdale when employers refuse to honor statutory rights. Previous case outcomes don’t influence or determine future case results. Nevertheless, you can count on Michelle Cohen Levy to provide personalized advice that suits your professional and personal needs and accurately guide you through the various procedural rules of the court.

Secure Your Rights Under the Law

If an employer improperly rejected your request or threatened your position following a medical emergency, take decisive action. Contact The Law Office of Michelle Cohen Levy, P.A., today to defend your rights under federal law.