the Family and 

Medical Leave Act

The Employee’s Guide to

UNITED STATES DEPARTMENT OF LABOR

■ Who Can Use FMLA Leave?

■ When Can I Use FMLA Leave?

■ What Can the FMLA Do for Me?

■ How Do I Request FMLA Leave?

■ Communication with Your Employer

■ Medical Certification

■ Returning to Work

■ How to File a Complaint

■ Website Resources

This Guide Explains:

An Introduction to the Family 

and Medical Leave Act

When you or a loved one experiences a serious health condition 

that requires you to take time off from work, the stress from 

worrying about keeping your job may add to an already difficult 

situation.

The Family and Medical Leave Act (FMLA) may be able to help. 

Whether you are unable to work because of your own serious 

health condition, or because you need to care for your parent, 

spouse, or child with a serious health condition, the FMLA 

provides unpaid, job-protected leave. Leave may be taken all at 

once, or may be taken intermittently as the medical condition 

requires.

This guide provides a simple overview of how the FMLA may 

benefit you. In your time of need, sometimes you just need time.
2 The Employee’s Guide to the Family and Medical Leave Act

Who Can Use FMLA Leave?

In order to take FMLA leave, you must first work for a covered 

employer. Generally, private employers with at least 50 employees 

are covered by the law. Private employers with fewer than 50 

employees are not covered by the FMLA, but may be covered 

by state family and medical leave laws. Government agencies 

(including local, state and federal employers) and elementary and 

secondary schools are covered by the FMLA, regardless of the 

number of employees. 

If you work for a covered employer, you need to meet additional 

criteria to be eligible to take FMLA leave. Not everyone who works 

for a covered employer is eligible. 

First, you must have worked for your employer for at least 12 

months. You do not have to have worked for 12 months in a row (so 

seasonal work counts), but generally if you have a break in service 

that lasted more than seven years, you cannot count the period of 

employment prior to the seven-year break. 

Second, you must have worked for the employer for at least 1250 

hours in the 12 months before you take leave. That works out to an 

average of about 24 hours per week over the course of a year. 

Lastly, you must work at a location where the employer has at least 

50 employees within 75 miles of your worksite. So even if your 

employer has more than 50 employees, if they are spread out and 

there are not 50 employees within 75 miles of where you work, you 

will not be eligible to take FMLA leave.

Airline Flight Attendants/Flight Crew Employees

Due to non-traditional work schedules, airline flight attendants and 

flight crew members are subject to special eligibility requirements 

under the FMLA. You meet the hours of work requirement if, during 

the 12 months prior to your need for leave, you have worked or 

been paid for at least 60% of your applicable monthly guarantee, 

and have worked or been paid for at least 504 hours, not including 

personal commute time, or time spent on vacation, medical or sick 

leave.
NO YES

The Employee’s Guide to the Family and Medical Leave Act 3

YES

YES

YES

AND

Your employer is not 

covered by the FMLA 

and does not have to 

offer FMLA leave

Your employer 

is covered by the 

FMLA

I have worked for 

my employer for at 

least 12 months

I have worked for 

my employer for at 

least 1250 hours in 

the last 12 months

You are eligible for 

FMLA leave

My employer has 

50 or more 

employees within 75 

miles of my jobsite

You are not eligible 

for FMLA leave

You are not eligible 

for FMLA leave

You are not eligible 

for FMLA leave

NO

NO

NO

I work for an employer who has 50 or more employees

OR

 I work for a public agency, elementary, or secondary school

Am I Eligible for FMLA Leave?
4 The Employee’s Guide to the Family and Medical Leave Act

When Can I Use FMLA Leave?

If you work for an employer that is covered by the FMLA, and you 

are an eligible employee, you can take up to 12 weeks of FMLA leave 

in any 12-month period for a variety of reasons, including:

Serious Health Condition

You may take FMLA leave to care for your spouse, child or parent 

who has a serious health condition, or when you are unable to work 

because of your own serious health condition.

The most common serious health conditions that qualify for FMLA 

leave are:

1) conditions requiring an overnight stay in a hospital or other 

medical care facility; 

2) conditions that incapacitate you or your family member (for 

example, unable to work or attend school) for more than three 

consecutive days and require ongoing medical treatment 

(either multiple appointments with a health care provider, or 

a single appointment and follow-up care such as prescription 

medication); 

3) chronic conditions that cause occasional periods when you or 

your family member are incapacitated and require treatment 

by a health care provider at least twice a year; and

4) pregnancy (including prenatal medical appointments, 

incapacity due to morning sickness, and medically required 

bed rest).

Military Family Leave

The FMLA also provides certain military family leave entitlements. 

You may take FMLA leave for specified reasons related to certain 

military deployments. Additionally, you may take up to 26 weeks 

of FMLA leave in a single 12-month period to care for a covered 

servicemember with a serious injury or illness.
The Employee’s Guide to the Family and Medical Leave Act 5

Expanding Your Family

You may take FMLA leave for the birth of a child and to bond with 

the newborn child, or for the placement of a child for adoption or 

foster care and to bond with that child. Men and women have the 

same right to take FMLA leave to bond with their child but it must 

be taken within one year of the child’s birth or placement and must 

be taken as a continuous block of leave unless the employer agrees 

to allow intermittent leave (for example, a part-time schedule).

Parent

Parent means a biological, adoptive, step or foster father or 

mother, or any other individual who stood in loco parentis to the 

employee when the employee was a child. This term does not 

include parents-in-law.

Son or Daughter

Son or daughter (or child) means a biological, adopted, or foster 

child, stepchild, legal ward, or child of a person standing in 

loco parentis, who is either under age 18, or age 18 or older 

and “incapable of self-care because of a mental or physical 

disability” at the time that FMLA leave is to commence.

Spouse

Spouse means a husband or wife as defined or recognized in the 

state where the individual was married and includes individuals 

in a common law marriage or same-sex marriage. 

In Loco Parentis

A person stands in loco parentis if that person provides dayto-day care or financial support for a child. Employees with 

no biological or legal relationship to a child can stand in loco 

parentis to that child, and are entitled to FMLA leave (for 

example, an uncle who cares for his sister’s children while she 

serves on active military duty, or a person who is co-parenting 

a child with his or her same-sex partner). Also, an eligible 

employee is entitled to FMLA leave to care for a person who 

stood in loco parentis to that employee when the employee was 

a child. (See Administrator’s Interpretation No. 2010-3 and Fact 

Sheets 28B and C.)
6 The Employee’s Guide to the Family and Medical Leave Act

What Can the FMLA 

Do for Me?

If you are faced with a health condition that causes you to miss 

work, whether it is because of your own serious health condition 

or to care for a family member with a serious health condition, you 

may be able to take up to 12 weeks of job-protected time off under 

the FMLA. 

If you take FMLA leave, your employer must continue your health 

insurance as if you were not on leave (you may be required to 

continue to make any normal employee contributions). 

As long as you are able to return to work before you exhaust your 

FMLA leave, you must be returned to the same job (or one nearly 

identical to it). This job protection is intended to reduce the stress 

that you may otherwise feel if forced to choose between work and 

family during a serious medical situation.

Time off under the FMLA may not be held against you in 

employment actions such as hiring, promotions or discipline. 

You can take FMLA leave as either a single block of time (for 

example, three weeks of leave for surgery and recovery) or in 

multiple, smaller blocks of time if medically necessary (for example, 

occasional absences due to diabetes). You can also take leave on a 

part-time basis if medically necessary (for example, if after surgery 

you are able to return to work only four hours a day or three days a 

week for a period of time). If you need multiple periods of leave for 

planned medical treatment such as physical therapy appointments, 

you must try to schedule the treatment at a time that minimizes the 

disruption to your employer.

FMLA leave is unpaid leave. However, if you have sick time, vacation 

time, personal time, etc., saved up with your employer, you may use 

that leave time, along with your FMLA leave so that you continue 

to get paid. In order to use such leave, you must follow your 

employer’s normal leave rules such as submitting a leave form or 

providing advance notice. Even if you don’t want to use your paid 

leave, your employer can require you to use it during your FMLA 

leave. For example, if you are out for one week recovering from 

surgery, and you have two weeks of paid vacation saved up, your 

employer can require you to use one week of your vacation time 

for your FMLA leave. When you use paid leave for an FMLA-covered 

reason (whether at your request or your employer’s), your leave 

time is still protected by the FMLA. 
The Employee’s Guide to the Family and Medical Leave Act 7

How Do I Request 

FMLA Leave?

To take FMLA leave, you must provide your employer with 

appropriate notice. If you know in advance that you will need FMLA 

leave (for example, if you are planning to have surgery or you are 

pregnant), you must give your employer at least 30 days advance 

notice. If you learn of your need for leave less than 30 days in 

advance, you must give your employer notice as soon as you can 

(generally either the day you learn of the need or the next work 

day). When you need FMLA leave unexpectedly (for example, if a 

family member is injured in an accident), you MUST inform your 

employer as soon as you can. You must follow your employer’s 

usual notice or call-in procedures unless you are unable to do so 

(for example, if you are receiving emergency medical care). 

While you do not have to specifically ask for FMLA leave for your 

first leave request, you do need to provide enough information 

so your employer is aware it may be covered by the FMLA. Once 

a condition has been approved for FMLA leave and you need 

additional leave for that condition (for example recurring migraines 

or physical therapy appointments), your request must mention 

that condition or your need for FMLA leave. If you don’t give your 

employer enough information to know that your leave may be 

covered by the FMLA, your leave may not be protected.

You do not have to tell your employer your diagnosis, but you do 

need to provide information indicating that your leave is due to an 

FMLA-protected condition (for example, stating that you have been 

to the doctor and have been given antibiotics and told to stay home 

for four days).
8 The Employee’s Guide to the Family and Medical Leave Act

Communication 

with Your Employer

Ongoing communication between you and your employer will 

make the FMLA process run much more smoothly. Each of you has 

to follow guidelines about notifying the other when FMLA leave is 

being used.

You will need to inform your employer if your need for FMLA leave 

changes while you are out (for example, if your doctor determines 

that you can return to work earlier than expected). Your employer 

may also require you to provide periodic updates on your status 

and your intent to return to work. 

Your employer must notify you if you are eligible for FMLA leave 

within five business days of your first leave request. If the employer 

says that you are not eligible, it has to state at least one reason 

why you are not eligible (for example, you have not worked for the 

employer for a total of 12 months). 

At the same time that your employer gives you an eligibility notice, 

it must also give you a notice of your rights and responsibilities 

under the FMLA. This notice must include all of the following:

■ A definition of the 12-month period the employer uses to keep 

track of FMLA usage. It can be a calendar year, 12 months from 

the first time you take leave, a fixed year such as your anniversary 

date, or a rolling 12-month period measured backward from 

the date you use FMLA leave. You need to know which way your 

employer measures the 12-month window so that you can be sure 

of how much FMLA leave you have available when you need it.

■ Whether you will be required to provide medical certification from 

a health care provider.

■ Your right to use paid leave.

■ Whether your employer will require you to use your paid leave.

■ Your right to maintain your health benefits and whether you will 

be required to make premium payments.

■ Your right to return to your job at the end of your FMLA leave.
The Employee’s Guide to the Family and Medical Leave Act 9

When your employer has the information necessary to determine if 

your leave is FMLA protected, it must notify you whether the leave 

will be designated as FMLA leave and, if possible, how much leave 

will be counted against your FMLA entitlement. If your employer 

determines that your leave is not covered by FMLA, it must notify 

you of that determination.
10 The Employee’s Guide to the Family and Medical Leave Act

STEP 1

You must notify 

your employer 

when you know 

you need leave

Please see page 7

STEP 2

Your employer 

must notify 

you whether 

you are eligible 

for FMLA leave 

within five 

business days

Please see page 8

STOP

Your leave is not 

FMLA-protected 

(You may request 

leave again in the 

future. Employee 

eligibility can 

change.)

Your employer 

must provide 

you with your 

FMLA rights and 

responsibilities, 

as well as any 

request for 

certification

Please see page 8

eligible

not

eligible

certification

requested

certification

not

requested

STEP 3

You must 

provide a 

completed 

certification to 

your employer 

within 15 

calendar days

Please see page 12

The FMLA Leave Process

This flowchart provides general information to walk you through your 

initial request for FMLA leave step by step, and help you navigate the 

sometimes complicated FMLA process.

Please note, it is ESSENTIAL for you to be familiar 

with your employer’s leave policy. There are 

several instances throughout the FMLA 

leave process where you will need to comply 

with BOTH the FMLA regulations AND 

your employer’s leave policy.

t

START HERE
The Employee’s Guide to the Family and Medical Leave Act 11

STEP 5

Your leave is 

FMLA-protected

(There are employee 

responsibilities 

while out on 

FMLA leave.)

Please see page 8

STEP 6

When you 

return to work, 

your employer 

must return you 

to your same or 

nearly identical 

job

Please see page 14

STOP

Your leave is not 

FMLA-protected 

(You may request 

leave again in the 

future.)

not designated

STEP 4

Your employer 

must notify you 

whether your 

leave has been 

designated as 

FMLA within five 

business days

Please see page 8

your responsibility

your employer’s responsibility

designated
12 The Employee’s Guide to the Family and Medical Leave Act

Medical Certification

If your employer requests medical certification, you only have 

15 calendar days to provide it in most circumstances. You are 

responsible for the cost of getting the certification from a health 

care provider and for making sure that the certification is provided 

to your employer. If you fail to provide the requested medical 

certification, your FMLA leave may be denied. 

The medical certification must include some specific information, 

including:

■ contact information for the health care provider;

■ when the serious health condition began;

■ how long the condition is expected to last;

■ appropriate medical facts about the condition (which may include 

information on symptoms, hospitalization, doctors visits, and 

referrals for treatment);

■ whether you are unable to work or your family member is in need 

of care; and

■ whether you need leave continuously or intermittently. (If 

you need to take leave a little bit at a time, the certification 

should include an estimate of how much time you will need for 

each absence, how often you will be absent, and information 

establishing the medical necessity for taking such intermittent 

leave.)

If your employer finds that necessary information is missing from 

your certification, it must notify you in writing of what additional 

information is needed to make the certification complete. You must 

provide the missing information within seven calendar days. 

If your employer has concerns about the validity of your 

certification, it may request a second opinion, but it must cover 

the cost. Your employer may request a third opinion if the first and 

second opinion differ, but it must cover the cost. 

If your need for leave continues for an extended period of time, or 

if it changes significantly, your employer may require you to provide 

an updated certification.
The Employee’s Guide to the Family and Medical Leave Act 13

STEP 1

Your employer 

must notify you 

if a certification 

is required

STEP 2

You must 

provide a 

completed 

certification to 

your employer 

within 15 days

STEP 3

Your employer 

must designate 

your leave if it is 

FMLA-protected

your employer may require you to:

● Obtain a 2nd 

medical opinion 

if your employer 

doubts the 

validity of your 

certification

● Correct any 

deficiencies in 

your certification 

identified by your 

employer within 

seven days

● Obtain a 3rd 

medical opinion 

if the 1st and 2nd 

opinions differ

your responsibility

your employer’s responsibility

Certification at a Glance

your employer may deny fmla leave

if you fail to provide a requested certification
14 The Employee’s Guide to the Family and Medical Leave Act

Returning to Work

When you return to work, the FMLA requires that your employer 

return you to the same job that you left, or one that is nearly 

identical. 

If you are not returned to the exact same job, the new position 

must: 

■ involve the same or substantially similar duties, responsibilities, 

and status;

■ include the same general level of skill, effort, responsibility and 

authority;

■ offer identical pay, including equivalent premium pay, overtime 

and bonus opportunities;

■ offer identical benefits (such as life insurance, health insurance, 

disability insurance, sick leave, vacation, educational benefits, 

pensions, etc.); and

■ offer the same general work schedule and be at the same (or a 

nearby) location.

Please keep in mind that if you exhaust your FMLA leave 

entitlement and are unable to return to work, your employer is not 

required to restore you to your position.

SPECIAL CIRCUMSTANCES:

Key Employees

Certain key employees may not be guaranteed reinstatement to 

their positions following FMLA leave. A key employee is defined 

as a salaried, FMLA-eligible employee who is among the highest 

paid 10 percent of all the employees working for the employer 

within 75 miles of the employee’s worksite. 

Teachers

Special rules apply to employees of local education agencies. 

Generally, these rules apply when you need intermittent leave 

or when you need leave near the end of a school term. 

Please visit our website for more complete information.
The Employee’s Guide to the Family and Medical Leave Act 15

To contact the WHD office nearest you, visit:

www.dol.gov/whd/america2.htm

How to File a Complaint

The U.S. Department of Labor’s Wage and Hour Division (WHD) is 

responsible for administering and enforcing the Family and Medical 

Leave Act for most employees.

If you have questions, or you think that your rights under the FMLA 

may have been violated, you can contact WHD at 1-866-487-9243. 

You will be directed to the WHD office nearest you for assistance. 

There are over 200 WHD offices throughout the country staffed 

with trained professionals to help you. 

The information below is useful when filing a complaint with WHD:

■ your name

■ your address and phone number (how you can be contacted)

■ the name of the company where you work or worked

■ location of the company (this may be different than the actual job 

site where you worked)

■ phone number of the company

■ manager or owner’s name

■ the circumstances of your FMLA request and your employer’s 

response

Your employer is prohibited from interfering with, restraining, or 

denying the exercise of FMLA rights, retaliating against you for filing 

a complaint and cooperating with the Wage and Hour Division, or 

bringing a private action to court. You should contact the Wage and 

Hour Division immediately if your employer retaliates against you 

for engaging in any of these legally protected activities.
16 The Employee’s Guide to the Family and Medical Leave Act

Website Resources

Visit the Wage and Hour Division website at www.dol.gov/whd/fmla

for resources containing information about the FMLA, including:

■ Key News

■ General Guidance

■ Fact Sheets

■ e-Tools

■ Posters

■ Forms

■ Interpretive Guidance

■ Law

■ Regulations
Please refer to The Employee’s Guide to Military Family Leave 

under the Family Medical Leave Act (WH1513) for more specific 

information about taking FMLA leave under the provisions 

for military family leave. 
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243 www.dol.gov/whd WH1506 06/15