[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.117]

[Page 761]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 
                                 Apply?
 
Sec. 825.117  For an employee seeking intermittent FMLA leave or leave 

on a reduced leave schedule, what is meant by ``the medical necessity 
for'' such leave?

    For intermittent leave or leave on a reduced leave schedule, there 
must be a medical need for leave (as distinguished from voluntary 
treatments and procedures) and it must be that such medical need can be 
best accommodated through an intermittent or reduced leave schedule. The 
treatment regimen and other information described in the certification 
of a serious health condition (see Sec. 825.306) meets the requirement 
for certification of the medical necessity of intermittent leave or 
leave on a reduced leave schedule. Employees needing intermittent FMLA 
leave or leave on a reduced leave schedule must attempt to schedule 
their leave so as not to disrupt the employer's operations. In addition, 
an employer may assign an employee to an alternative position with 
equivalent pay and benefits that better accommodates the employee's 
intermittent or reduced leave schedule.