Sixth Circuit: Intermittent Leave Estimates Are Not Caps

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August 21, 2025

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Quick Look

  • The Sixth Circuit ruled that medical certifications for intermittent, unforeseeable FMLA leave cannot be treated as strict caps on leave usage.
  • Employers must interpret estimated leave frequencies as approximations, not enforceable limits, especially for conditions with unpredictable symptoms.

Discussion

The Sixth Circuit recently reversed a district court’s partial ruling in Jackson v. U.S. Postal Serv., clarifying that medical certifications for intermittent, unforeseeable leave under the Family and Medical Leave Act (FMLA) cannot impose a strict cap on the number of days an employee may take off.

 

The case involved a former mail clerk who was terminated after allegedly exceeding a two-day-per-month FMLA leave limit for flare-ups related to sickle cell anemia. The court found that USPS misinterpreted the medical certification as a hard limit, rather than an estimate, and emphasized that unpredictable conditions like the plaintiff’s require flexibility under the law.

 

The court emphasized that intermittent leave under the FMLA can be either foreseeable or unforeseeable, and that the nature of the medical condition determines how leave should be administered. In this case, the plaintiff’s sickle cell anemia flare-ups were unpredictable, and the certification’s estimate was not meant to restrict the employee to exactly two days per month. The court stated that medical certifications for unforeseeable intermittent leave are inherently imprecise and should be treated as approximations, not enforceable limits. It also noted that employers must balance their operational needs with the employee’s right to protected leave, but cannot impose rigid constraints based on estimated frequencies alone.

 

For employers, this ruling reinforces the need for flexibility and careful interpretation of medical certifications under the FMLA. Misreading an estimate as a cap can lead to wrongful termination and legal exposure.

 

Action Items

  1. Review and update FMLA policies for compliance with intermittent leave standards.
  2. Have appropriate personnel trained on FMLA requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase