How to File for the FMLA Act
The Family and Medical Leave Act (FMLA) requires covered employers to allow eligible employees to take up to 12 weeks of unpaid leave because of a serious medical condition, the birth or adoption of a baby, or the care of a seriously ill family member. To qualify for FMLA, employees must have worked for a company at least 12 months and at least 1,250 hours during the past year. Employers must have at least 50 employees to be covered by FMLA.
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Instructions
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Contact the human resources department at your job and ask how you should file for FMLA. Most companies require you to fill out a form, but there is no single form used by all companies. Get the form required by your company and fill it out completely. Ask for help if you don't understand how to complete the form.
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Ask your doctor or health care provider to complete his portion of the form, indicating how much time you need off work and when you can return to your job. If you request FMLA because of a medical condition, your doctor does not have to disclose personal details about your condition when filling out the form but must state that you cannot fulfill essential job functions because of a medical condition. If you request FMLA to care for a family member, his doctor must complete that portion of the form.
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Return the form to the Human Resources department at your job as soon as possible. Ask whether there is a deadline by which you must return it.
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Ask your human resources department if you must provide regular updates from your doctor about your condition. Companies may require you to do so if they wish. Make sure you understand what you need to do while you are on leave.
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Tips & Warnings
If you believe you have been unfairly denied FMLA or your employer has otherwise violated your rights under FMLA, contact your local Wage and Hour Division office.
For forseeable events, you must file for FMLA 30 days in advance. If you do not give 30 days' notice, your employer may require you to postpone your leave.
Not all employees qualify for FMLA, and not all employers are covered. Check with your human resources department in advance to make sure you can receive FMLA when you need it.
