Learn About FMLA Filing Information and Options

Understanding the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act is a federal law passed in 1993 that gives workers unpaid, job-protected time off for specific family and medical reasons. The law applies to employers with 50 or more employees and covers employees who have worked there for at least 12 months. Under FMLA, workers may take up to 12 weeks of unpaid leave during a 12-month period without losing their job or health insurance benefits.

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The law was created to help workers balance their job responsibilities with family needs. Before FMLA existed, many workers faced the choice between keeping their job and caring for a seriously ill family member or managing their own health condition. This law provides a legal framework that requires employers to hold a worker's position (or an equivalent position) while they take leave for covered reasons.

FMLA covers both private sector employers and public agencies. For private employers, the law applies to companies with 50 or more workers on the payroll. Public sector employers, including state and local government agencies and schools, must follow FMLA rules regardless of how many employees they have. The U.S. Department of Labor enforces FMLA requirements through the Wage and Hour Division.

It's important to understand that FMLA protects your job status, but it doesn't guarantee paid leave. Most FMLA leave is unpaid, though some employers offer paid time off that counts toward FMLA protections. Some states have additional laws that provide paid family leave beyond federal FMLA requirements. As of 2024, states like California, New York, New Jersey, and Washington have implemented paid family leave programs with their own rules and benefit amounts.

Practical Takeaway: FMLA is a protection that prevents employers from firing you or demoting you when you take leave for covered medical or family reasons. It's not a program you "apply for" in the traditional sense—rather, it's a right that applies when your situation meets the law's requirements and your employer is covered by the law.

Qualifying Reasons for FMLA Leave

FMLA covers several specific situations where workers may take protected leave. Understanding what counts as a qualifying reason is essential because not all absences are covered. The law lists the following as covered reasons: the birth of a child or placement of a child for adoption or foster care; caring for a spouse, parent, or child with a serious health condition; the worker's own serious health condition; qualifying exigencies related to a family member's military service; and military caregiver leave.

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A "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. This includes conditions requiring overnight hospital stays, absences from work of more than three consecutive days with continuing treatment, chronic serious health conditions, permanent conditions requiring supervision, and prenatal care. For example, if a worker has diabetes requiring regular doctor visits and medication management, this would be a serious health condition. Similarly, cancer treatment, major surgery recovery, or mental health conditions requiring ongoing therapy may qualify.

Qualifying exigencies related to military service include arranging for childcare, attending military events, handling financial matters, attending counseling, taking rest and recuperation leave with a military family member, and making arrangements for alternative childcare if the existing arrangement is no longer suitable. Military caregiver leave is a separate provision allowing up to 26 weeks of leave in a single 12-month period to care for a spouse, parent, or child with a serious injury or illness acquired or aggravated while on active military duty.

The law does not cover situations such as minor illnesses like colds or flu (unless they involve hospitalization), caring for parents-in-law, caring for children over age 18, absences due to employment termination, or the need to attend to personal affairs. Employers sometimes misunderstand the law, so workers should have documentation of their situation ready when requesting leave. A certification form from a healthcare provider may be required to verify that a medical reason qualifies under FMLA.

Practical Takeaway: Review the list of qualifying reasons carefully and gather any medical documentation related to your situation. If you're unsure whether your reason qualifies, you can request written clarification from your employer about how they interpret your specific circumstances under FMLA.

Employer Responsibilities and Filing Requirements

When a worker requests FMLA leave, the employer has specific legal obligations. Employers must inform workers of their FMLA rights through posted notices, employee handbooks, or written statements. The employer must maintain records of leave taken and calculate whether the leave counts toward the 12-week annual limit. Many employers require workers to provide notice of the need for leave—typically 30 days in advance when the need is foreseeable, or as soon as practicable when the need is unforeseeable, such as an unexpected serious illness or emergency.

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Employers may require workers to complete a certification form providing medical details about a serious health condition. The Department of Labor provides standard certification forms that employers may use. Workers have up to seven calendar days to return a completed certification form. If the employer's certification form doesn't follow the Department of Labor's standards, workers may refuse to complete it and insist on the government form instead. Employers may also require recertification at intervals, though rules govern how often this can happen.

The employer must track and count leave carefully to ensure accuracy. Leave is typically calculated on a 12-month period, though employers may choose from four different methods: calendar year, fixed year (like fiscal year), 12 months measured forward from the first date an employee uses FMLA leave, or 12 months measured backward from the date an employee uses FMLA leave. Each method has different implications for how much leave remains available in a given period. The employer should inform workers which method they use.

If an employer fails to meet these responsibilities, workers may file a complaint with the Department of Labor's Wage and Hour Division. The Wage and Hour Division can investigate claims that an employer violated FMLA rights, such as failing to provide unpaid leave, failing to maintain health insurance during leave, or retaliating against a worker for requesting FMLA leave. These complaints must typically be filed within two or three years, depending on whether the violation was intentional. Workers may also pursue claims through court, sometimes with the help of an attorney.

Practical Takeaway: When requesting FMLA leave, follow your employer's procedures exactly. Provide notice as early as possible, complete any required certification forms within the timeframe given, and keep copies of all communications. Ask your employer in writing which 12-month calculation method they use and how much leave you have remaining.

The Filing Process: Step-by-Step

Filing for FMLA protection is different from filing for a government benefit program. The process typically begins when you inform your employer that you need time off for a reason covered by FMLA. Most employers have an internal procedure for requesting leave, often involving a specific manager, human resources department, or benefits office. You should review your employee handbook or ask your HR department about their specific process before you need to use it.

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When you request leave, provide as much detail as you safely can about your reason. If the need is foreseeable (such as a scheduled surgery or childbirth), provide at least 30 days' notice. State clearly that you are requesting leave under FMLA. Example language might be: "I am requesting FMLA leave for a serious health condition beginning on [date]." If the need is unforeseeable, notify your employer as soon as you realize you need time off, even if this is the same day or the next day.

Your employer may ask you to complete a certification form. The standard Department of Labor form for medical conditions is the "Certification of Health Care Provider" (WH-380-E). If you're taking leave for military family reasons, a different form applies (WH-380-F). Your employer cannot require you to complete their own form if you request to use the Department of Labor form instead. Have your healthcare provider complete the form and return it to your employer. You have up to seven days to submit it unless your employer extends the deadline.

Keep detailed records of your own. Document the dates you take FMLA leave, whether it's taken as full days, half days, or intermittent leave for medical appointments. Maintain copies of all written communications with your employer about your leave, including email exchanges, completed certification forms, and any notices the employer sends you