Key Takeaways:

  • Notify your employer about your need for FMLA leave 30 days in advance.

  • Obtain FMLA forms from your HR department or the Department of Labor’s website.

  • Complete medical certification documents accurately to avoid delays.

  • Maintain clear communication with your employer throughout the leave process.

  • Familiarize yourself with FMLA rights and employer-specific policies for smooth application.

While most employers have their own policies regarding the number of leaves an employee can take in a calendar year, there may be occasions when employees need to take time off from work to support their family or for medical reasons. This is where the Family and Medical Leave Act (FMLA) comes in. 

Under this act, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. It is a federal law that ensures employees can have a work-life balance without risking their job security. 

What Is FMLA and Who Is Eligible?

The Family and Medical Leave Act (FMLA) was enacted in 1993 to support employees in balancing their work and family responsibilities by granting reasonable leave for medical and family reasons. It applies to public agencies, schools, and private employers with 50 or more employees.

Under the FMLA act, employees can take a leave of absence for the following reasons:

  • Serious Health Condition: In order for employees to work productively, they must be given the support to take care of their health. If an employee has a condition that prevents them from performing essential job functions, such as surgery recovery or chronic conditions like asthma or diabetes, they can take leave from work under the FMLA Act.

  • Family Care: Employees are not just responsible for carrying out their job role within the company–they are also responsible for the well-being of their family members. The FMLA Act allows employees to take a leave of absence to care for a spouse, child, or parent with a serious health condition.

  • Childbirth, Adoption, or Foster Care: Parental leave is another example of the type of leave employees can take under the FMLA Act. This could be leave for childbirth, adoption, or even foster placement of a child.

  • Military Family Leave: In some cases, an employee may require leave to attend to specific needs arising from a family member’s military service, including deployment. This is allowed under the FMLA Act.

It is important to understand that while the FMLA Act protects employees by allowing them to take leave without fear of losing their jobs, not all employees may be qualified to apply for FMLA. Below are some of the eligibility requirements for requesting FMLA:

  1. Work for a Covered Employer: The employer must be a private-sector company with at least 50 employees, or a public agency or school, regardless of employee count.

  2. Meet Length of Service Requirements: The employee must have been employed for at least 12 months (not necessarily consecutive).

  3. Work Hours Requirement: At least 1,250 hours of service must have been completed during the 12 months prior to the leave.

It’s also important to note that because FMLA provides job protection, employers are required to restore employees to their original job or an equivalent position with the same pay and benefits upon return.

How Do You Sign Up for FMLA?

To apply for FMLA leave, employees must fill out all the required paperwork, and ensure compliance with any company-specific policies. Below is a brief overview for applying for FMLA.

Step 1: Notify Your Employer

The first step to requesting FMLA is to provide their employers or HR a notice requesting leave in advance. The time to provide the advance notice can vary depending on the circumstance. For example: if the leave is foreseeable (such as a scheduled surgery), the employee should give notice at least 30 days in advance.

If the need for leave is sudden or unforeseeable (such as an illness or accident or other emergency), the employer should be notified as soon as possible, typically within one or two business days.

Employees should provide sufficient information to indicate that the leave may qualify under FMLA. It’s not necessary to specifically mention FMLA, but using terms like "medical leave" or "family emergency" can alert HR to the situation.

Step 2: Submit A Leave Request

After notifying your employer, you will need to complete the company's leave request forms or follow its specific FMLA procedures. This step typically involves filling out an FMLA leave request form that includes details about the nature of the leave and the expected duration.

Step 3: Follow Required Procedures

Different companies may require additional procedures, such as following up with written notice or submitting specific documentation. It is the responsibility of the employee to learn about company policies and follow the right procedures to avoid delays or potential denial of leave.

How Do I Get FMLA Paperwork?

To apply for FMLA, employees need to complete specific forms. These forms help with supporting your FMLA application and can be usually obtained from your HR department.

If you are not able to receive the necessary paperwork from HR, you can still get FMLA forms by downloading them directly from the Department of Labor's website. The most common forms include:

  1. WH-380-E: Certification of Health Care Provider for Employee’s Serious Health Condition.

  2. WH-380-F: Certification of Health Care Provider for Family Member’s Serious Health Condition.

  3. WH-381: Notice of Eligibility and Rights & Responsibilities.

  4. WH-382: Designation Notice.

These forms must be completed accurately and returned within the specified deadlines, typically within 15 days of the employer’s request.

Requesting FMLA: Key Steps

Earlier we looked at a brief overview of how an employee can apply for FMLA. Below is a complete, step-by-step process for requesting FMLA leave that can help you ensure approval.

Step 1: Send Notice Of Leave As Soon As Possible

As we mentioned earlier, employees must notify their employers in advance in order to request FMLA. If the leave is foreseeable, they must provide at least 30 days notice. If it is an unexpected emergency, they can notify as soon as possible, but ideally, it should be done within one or two business days. 

When sending the notice, it is important to include key information that describes why the leave is needed. It's not enough to say you're "sick" or "need time off"; you must provide enough detail to indicate a qualifying condition.

Step 2: Submit Completed Paperwork To HR

In addition to notifying your employer, you may also need to provide your HR department with a completed FMLA leave request form. Depending on the reasons for the leave, you may also have to fill out the relevant medical certification form (WH-380-E or WH-380-F) if the leave is for a serious health condition.

If the leave is due to any of the non-medical reasons above, you may need to talk to HR to discuss what supporting documents they require from you to approve your leave. 

Step 3: Maintain Communication with Your Employer

Keep your employer updated on any changes to your leave schedule. If the duration of the leave changes, or if there are any complications that extend your recovery time, notify HR immediately. This helps prevent misunderstandings and ensures job protection.

Step 4: Keep Records of All Documentation

Store copies of the FMLA forms, medical certifications, and any correspondence with your employer regarding leave. This helps if you need to reference the information later or encounter any disputes.

Where to Find Printable FMLA Forms

Without the right forms, you may not be able to get approval for your leave. Fortunately, FMLA forms are available both online and in person. Below are some places where you can obtain printable FMLA forms to support your application for leave.

  • Department of Labor Website: This is the official site that provides downloadable, printable forms for FMLA applications. These forms cover different situations, including employee illness, family member illness, and military caregiver leave.

  • Employer’s HR Department: Many companies have their own forms that must be used in addition to the federal forms. Make sure you use the forms provided by your company to avoid issues.

  • Legal Aid and Advocacy Websites: Some non-profit organizations provide assistance and access to downloadable FMLA forms, especially for military families or those dealing with chronic conditions.

Tips for a Smooth FMLA Application Process

It can be stressful to deal with the paperwork and communication involved to request your leave when there is an emergency or when you have to take leave for unavoidable reasons. However, there are ways you can make the FMLA application process more manageable for you. Here are some practical tips:

1. Communicate Proactively With Your Employer

Proactive communication is key to a smooth FMLA process. If there’s any doubt about the leave requirements, speak directly with HR to clarify. Notify them promptly if there are changes in your medical condition or the need to extend the leave.

2. Understand Your Rights Under FMLA

The FMLA entitles you to 12 weeks of unpaid leave for qualified reasons. It also provides protection from job loss during this time. However, it does not guarantee paid leave, so you must check your employer’s policies on using accrued paid time off (PTO), sick leave, or vacation time during FMLA leave.

3. Keep Detailed Records And Documentation

Document all interactions related to your FMLA leave, including communications with HR, copies of completed forms, and medical certification documents. This serves as a reference point should any disputes arise.

4. Ensure Medical Certification Is Complete

If the leave is due to medical reasons, you must ensure that your medical certification is complete. Incomplete or vague medical certification can delay the approval of your FMLA leave. Make sure the healthcare provider completes all sections of the form and provides sufficient detail about the medical condition and its impact on your ability to work.

5. Don’t Delay Submission of Required Forms

FMLA paperwork must be submitted within specific deadlines. Delaying submission can result in the denial of leave. If there are extenuating circumstances that prevent timely submission, inform HR as soon as possible.

By following these guidelines and being proactive in the application process, you can ensure a smoother experience when applying for FMLA leave.

If you need further advice about your rights under the FMLA act, you can speak to HR or seek legal counsel from an employment attorney. 

FAQs

What qualifies as a serious health condition under FMLA?

Conditions that require inpatient care or ongoing treatment by a healthcare provider qualify. Examples include chronic illnesses, pregnancy complications, and surgeries.

Can FMLA leave be taken intermittently?

Yes, FMLA allows for intermittent leave or reduced work hours if medically necessary, subject to approval.

Does FMLA protect against termination for performance issues?

FMLA protects against termination due to leave but not unrelated performance issues.

Can employers deny FMLA leave?

A: Employers can deny leave if the employee does not meet eligibility requirements, fails to provide adequate notice, or submits incomplete paperwork.

Can FMLA be used for mental health conditions?

Yes, serious mental health conditions requiring treatment may qualify for FMLA leave.