Family and Medical Leave Act (FMLA): Needing time off for your own health, to care for a family member, or to welcome a new child is stressful — but the law can protect your job while you take a needed break. This clear, step-by-step guide explains who qualifies, what FMLA gives you, how to apply, and what to do if your rights are denied. All facts below cites official U.S. government resources.
Quick summary — the essentials
- Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid leave in a 12-month period for qualifying family and medical reasons, with job protection and continued group health-plan coverage.
- To be eligible you must meet three main tests: 12 months of employment, 1,250 hours worked in the prior 12 months, and work at a location where the employer has 50 or more employees within 75 miles.
- Employers covered by FMLA include private employers with 50+ employees, public agencies, and most public and private elementary and secondary schools.
1 — Confirm you’re eligible (fast checklist)
Before you ask for leave, check these three boxes:
- You’ve worked for this employer at least 12 months (not necessarily consecutive).
- You’ve logged 1,250 hours with that employer during the previous 12 months.
- Your worksite has 50 or more employees within 75 miles.
If all three are true, you’re probably eligible for FMLA. If not, see whether your state has its own family-leave rules that might apply.
2 — Know what FMLA covers (common qualifying reasons)
You can take FMLA leave for events such as:
- Your own serious health condition that prevents you from working.
- Caring for a spouse, child, or parent with a serious health condition.
- Birth of a child and care of the newborn within 12 months.
- Placement of a child for adoption or foster care.
- Certain military family leave entitlements (qualifying exigency or caregiver leave).
If you’re unsure whether your situation counts, the Department of Labor has clear examples and definitions in its FMLA materials.
3 — Tell your employer — how to notify correctly
Start by notifying your employer as soon as you can. Basic tips:
- Give your employer verbal notice if the leave is foreseeable (for example, scheduled surgery or expected delivery) at least 30 days ahead when possible.
- If leave is unforeseeable, tell your employer as soon as practicable (same-day or next reasonable day).
- Ask HR how they want notice (email, online portal, or paper form). Some employers require the DOL forms or their own FMLA packet.
- Keep a short record of the date, time, and person you told.
Use the short script below (copy/paste) when you call or email HR — it keeps the message clear and creates a record.
Sample notice (phone or email):
“Hi — this is [Name]. I need to request FMLA leave starting on [date] for [reason: e.g., my scheduled surgery / to care for my parent after hospitalization]. Can you confirm how I should submit any required paperwork and the next steps?”
4 — Be ready to provide medical certification (forms and timing)
Employers may require medical certification showing your need for FMLA leave. The DOL provides optional, standard forms your employer may ask you (or your health care provider) to use, such as the WH-380-E (employee’s serious health condition) or WH-380-F (family member’s health condition). Employers must give you 15 calendar days to return a completed certification unless it’s not feasible.
Practical tips:
- Get your provider the DOL form (or your employer’s form) and request they complete it promptly.
- Ask your employer what address, email, or portal to use — do not send completed medical forms to DOL; return them to your employer per DOL guidance.
5 — Employer responsibilities while you’re on FMLA leave
If you’re approved for FMLA leave, your employer must:
- Hold your job (or an equivalent role) and restore you to the same or an equivalent position when you return.
- Maintain your group health insurance on the same terms as if you were working.
- Provide a written notice of your rights and responsibilities (the WH-381 Notice of Eligibility & Rights and Responsibilities is commonly used).
If your employer fails to follow these rules (denies leave without good reason, retaliates, or reduces benefits), you can file a complaint with the Department of Labor’s Wage and Hour Division.
6 — Intermittent leave, reduced schedule, and special cases
FMLA leave is flexible:
- You can sometimes take intermittent leave (short blocks of time) or a reduced schedule when medically necessary (for example, periodic treatments or flare-ups).
- Employers may require you to provide a schedule or make reasonable efforts to schedule treatments to minimize workplace disruption.
- Special rules apply for airline flight crews and military family leave — check the DOL FAQ for specifics.
7 — What to do if your employer denies FMLA or retaliates
If you suspect a violation (denial without reason, retaliation, schedule manipulation to avoid FMLA, or failure to reinstate you), take these steps:
- Document everything. Save notices, emails, dates you gave notice, and any medical certification you submitted.
- Raise the issue with HR in writing and request clarification in writing.
- File a complaint with the Department of Labor’s Wage and Hour Division (WHD) — you can call 1-866-4-US-WAGE (1-866-487-9243) or submit an online complaint. WHD enforces FMLA rights and will investigate violations.
WHD also holds final conferences and can request corrective action (including back pay or restoration) if violations are found.
8 — Useful forms & links (where to get official documents)
- DOL FMLA fact sheet and FAQs (eligibility, examples).
- DOL FMLA forms (WH-380-E, WH-380-F, WH-381 and other certification forms). Employers often use these optional templates.
- Employer FMLA Guide (detailed e-booklet for employer responsibilities).
(Clickable links are in the Helpful Links section below.)
9 — Quick FAQ (fast answers)
Q: Is FMLA paid leave?
A: No — FMLA is generally unpaid federal leave. You may be able to use accrued paid sick leave, vacation, or short-term disability concurrently with FMLA if your employer or state rules allow.
Q: Do small employers have to follow FMLA?
A: Only employers meeting the coverage threshold (50+ employees within 75 miles) are covered by federal FMLA. Some states have broader family-leave laws — check your state labor website.
Q: How long do I have to work before I qualify?
A: You must have worked 12 months for your employer and 1,250 hours during the previous 12 months to meet eligibility.
Handy checklist — use this when you prepare to ask for FMLA
- ☐ Review eligibility (12 months, 1,250 hours, 50 employees within 75 miles).
- ☐ Give your employer timely notice (30 days if foreseeable).
- ☐ Obtain and provide the correct medical certification (use DOL forms if requested).
- ☐ Keep copies of all submissions, confirmation numbers, and communications.
- ☐ If denied or retaliated against, call WHD at 1-866-4-US-WAGE and consider filing a complaint.
Disclaimer: This article is informational only and does not constitute legal advice. FMLA rules, state family-leave laws, and DOL guidance can change. Always check the official Department of Labor and USA.gov pages and consult your employer’s HR office or a qualified employment attorney for guidance tailored to your situation.
Helpful official links (clickable)
- Family and Medical Leave Act — USA.gov (overview). (USAGov)
https://www.usa.gov/family-leave-act - FMLA fact sheet & FAQs — U.S. Department of Labor, Wage & Hour Division. (DOL)
https://www.dol.gov/agencies/whd/fmla - FMLA forms (WH-380, WH-381, WH-385, etc.) — DOL FMLA Forms. (DOL)
https://www.dol.gov/agencies/whd/fmla/forms - Contact Wage & Hour Division (file complaints, questions) — WHD Contact & Complaint page. Call: 1-866-4-US-WAGE (1-866-487-9243). (DOL)
https://www.dol.gov/agencies/whd/contact - Employer’s Guide to the FMLA (detailed PDF) — DOL Employer Guide. (DOL)