Can You Work Part Time on FMLA? A Practical Compliance Guide for Employers (SwiftSDS)

Many HR teams and business owners ask the same question: can you work part time on FMLA? In many cases, yes—FMLA leave can be taken intermittently or on a reduced schedule, which may look like “part-time” work for a period of time. The compliance risk is not the concept of working, but how the schedule is designated, tracked, and counted against the employee’s 12-week FMLA entitlement.

This SwiftSDS guide explains when employees can work during FMLA, how eligibility works for part-time employees, and how to administer reduced-schedule or intermittent leave under the federal rules.

FMLA Basics: What the Law Allows

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 workweeks of job-protected, unpaid leave in a 12-month period for qualifying reasons (and up to 26 weeks for certain military caregiver leave). Key rules appear in 29 U.S.C. § 2612 and Department of Labor regulations at 29 C.F.R. Part 825.

FMLA is part of the broader landscape of federal labor protections. For context on major federal requirements, see SwiftSDS’s hub: Employment legislation list and the overview 5 rights of workers.

Can You Work on FMLA? (Yes—If It’s Reduced Schedule or Intermittent Leave)

When “working during FMLA” is permitted

An employee generally can work on FMLA if their leave is approved as:

Intermittent leave (leave taken in separate blocks of time), or
Reduced schedule leave (reducing the employee’s usual weekly/daily schedule)

This is explicitly contemplated in the FMLA regulations (see 29 C.F.R. § 825.202 and related provisions). In practice, reduced schedule leave often means the employee temporarily works part-time due to a serious health condition (their own or a covered family member’s), or due to medically necessary prenatal care.

What employers should do (actionable steps)

To administer reduced schedule leave correctly:

Get sufficient medical certification (when allowed) supporting the medical necessity and expected schedule impact.
Designate leave in writing as FMLA-qualifying and specify how time will be counted.
Track FMLA usage in hours, not just days, when leave is intermittent/reduced schedule.
Apply the same timekeeping rules consistently (especially for exempt employees whose schedules are changing).
Restore the employee to the same or an equivalent position at the end of FMLA (subject to FMLA rules).

FMLA for Part Time Workers: Are Part Time Employees Eligible for FMLA?

A major source of confusion is fmla for part time workers and whether a fmla part time employee can qualify. The short answer: part-time employees can be eligible, but eligibility is based on hours worked and other criteria—not on full-time status.

Eligibility requirements (federal)

Under 29 U.S.C. § 2611(2) and 29 C.F.R. § 825.110, an employee is generally eligible if all are true:

The employer is a covered employer (typically 50+ employees within 75 miles, with special rules for public agencies and schools)
The employee has worked for the employer for at least 12 months (not necessarily consecutive)
The employee has worked at least 1,250 hours in the 12 months immediately before leave starts

So, to the question “do part time employees qualify for FMLA?”—they might, if they meet the 1,250-hour threshold. Many part-time employees do not reach 1,250 hours, but some do (e.g., 24+ hours/week on average).

How to evaluate 1,250 hours for part-time employees

Count hours actually worked (generally aligned with FLSA principles).
Do not count paid but non-worked time (vacation, sick time) toward 1,250 hours under FMLA rules.
Maintain accurate time records to support eligibility determinations.

For broader compliance alignment with wage/hour tracking (which can support accurate eligibility determinations), employers often rely on required postings and policy clarity. For example, ensure you’re meeting core wage-hour communication requirements like the Employee Rights Under the Fair Labor Standards Act notice (and the Spanish version Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA) where applicable).

How Reduced Schedule FMLA Is Counted (Critical for “Part-Time on FMLA”)

When an employee takes reduced schedule leave, the employer must convert the leave taken into the equivalent of the employee’s normal workweek entitlement.

Example: reduced schedule counting

Employee’s normal schedule: 40 hours/week
Employee works 20 hours/week for 12 weeks due to a serious health condition
FMLA used each week: 20 hours
Over 12 weeks: 240 hours used
Total entitlement: 12 weeks x 40 hours = 480 hours
Remaining entitlement: 240 hours

In other words, the employee can be “part-time on FMLA,” but the employer must count the missed time against the FMLA bank.

Avoid a common mistake

Do not automatically treat “12 calendar weeks” of reduced schedule as exhausting FMLA. Instead, measure based on the employee’s normal schedule and convert to hours.

Can Part-Time Employees Get FMLA If Their Hours Vary?

Yes—can part time employees get FMLA is often “yes,” but variable schedules require careful calculation.

When an employee’s schedule varies, the regulations generally require using an average schedule to calculate the employee’s normal workweek for FMLA tracking (see 29 C.F.R. § 825.205). Employers should:

Use a representative lookback period (commonly up to 12 months) to determine average weekly hours
Document the methodology
Apply it consistently across similar roles

Interplay With ADA and Leave as a Reasonable Accommodation

Reduced schedules and intermittent absences may also implicate the Americans with Disabilities Act (ADA). Even if FMLA is exhausted or the employee is not eligible, a reduced schedule may be a reasonable accommodation depending on circumstances.

For tools and HR workflows, see SwiftSDS’s resources on ada hr and documentation best practices in ada forms for employers.

Location-Specific Reminder: FMLA vs. State Family Leave Programs

FMLA is federal, but states may provide additional protections (paid leave, broader coverage, different eligibility rules). If you operate in California, for example, you may need to coordinate federal FMLA with state programs. SwiftSDS covers this coordination in California family leave.

Also maintain state posting compliance where required. For instance, Massachusetts has distinct notice obligations such as Notice: Parental Leave in Massachusetts (if you operate there).

Compliance Checklist: Administering “Working Part Time on FMLA”

Use this checklist to reduce risk:

Confirm coverage and eligibility (50/75 rule; 12 months; 1,250 hours)
Provide timely eligibility and rights/notice per 29 C.F.R. § 825.300
Obtain certification where permitted and track recertification timelines
Designate leave promptly and specify intermittent/reduced schedule terms
Track leave in the smallest increment used for other leave (within FMLA limits)
Maintain benefits appropriately during FMLA leave (per plan terms and FMLA rules)
Avoid interference/retaliation—train managers to route schedule changes through HR

For related classification questions, note that FMLA generally covers employees, not independent contractors. See are contractors eligible for fmla for a deeper dive.

FAQ: FMLA for Part-Time and Reduced Schedules

1) Can you work part time on FMLA and still be protected?

Yes. If the leave is designated as reduced schedule FMLA and is medically necessary (or otherwise qualifying), the employee can work fewer hours and remain on FMLA protections—while the missed hours are counted against the 12-week entitlement.

2) Are part time employees eligible for FMLA?

They can be. Part-time status doesn’t disqualify someone. Eligibility depends on meeting the federal criteria, especially the 1,250 hours worked in the past 12 months.

3) Can an employer require an employee to take FMLA instead of working part time?

Employers may designate qualifying leave as FMLA when the reason qualifies, but forcing a specific schedule can create risk. The safer approach is to engage in the certification/interactive process (FMLA and, where applicable, ADA) and document why the reduced schedule is medically necessary and how it’s administered.

Bottom line for HR and owners

If you’re asking “can you work part time on FMLA”, the compliance answer is often yes—through reduced schedule or intermittent FMLA—but success depends on proper designation, hour-based tracking, consistent policies, and documentation.

For broader federal requirements that often intersect with leave administration, explore SwiftSDS’s Employment legislation list and related compliance guides like as it pertains to employment opportunity the eeo strives to.

Can you work part time on fmla