Intermittent FMLA LEAVE and S125 Election

[Guest afreeling]

I received a question how to handle FMLA Leave and thier FSA Election. Here is the situation, the employee just found out that her daughter has cancer and is going to be needing some extra help, because of this the employee is going to go unpaid every other week in order to be with her daughter. The Participant will be out every other week from january until june. The employee would like to know if she can decrease her annual election based on unpaid leave of absence even though she will be getting a check for the weeks that she is there. For FMLA, I know that an employee taking FMLA leave is allowed to revoke or cancel an existing election under FSA at the time that they are going out on the leave and be reinstated in the Plan upon return. I am not sure how this would occur in the event that the participant is taking intermittent leave (one week working, one week not working for a total of 24 weeks (12 weeks working and 12 weeks of FMLA). Does anyone have any thoughts if the participant can lower their election in this situation, or just revoke it? Thanks in advance for your assistance.