What is FMLA and who qualifies?
The Family and Medical Leave Act (FMLA) is a federal law administered by the Department of Labor (DOL) that entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for a serious health condition, childbirth, adoption, or care of a seriously ill family member.
Do I need a lawyer to take FMLA leave?
No. You notify your employer of your need for leave, your employer provides DOL Form WH-381 (Notice of Eligibility), and your healthcare provider completes DOL Form WH-380-E or WH-380-F (Certification of Health Condition). uplaw.ai walks you through every step.
Am I eligible for FMLA?
You are eligible if you have worked for your employer for at least 12 months, logged at least 1,250 hours in the past 12 months, and work at a location with 50 or more employees within 75 miles. Government employees and school employees have separate rules.
How much notice do I need to give my employer for FMLA?
For foreseeable leave (planned surgery, expected childbirth), provide at least 30 days advance notice using DOL Form WH-380 or written notice. For unforeseeable leave (medical emergency), notify your employer as soon as practicable — usually the same day or the next business day.
What forms does my doctor need to complete for FMLA?
Your healthcare provider completes DOL Form WH-380-E (Certification of Health Condition of Employee) for your own serious health condition, or WH-380-F (Certification of Health Condition of Family Member) if you are caring for a relative. Your employer must give you at least 15 days to return completed certification.
Can my employer deny my FMLA leave request?
Your employer can deny leave only if you do not meet eligibility requirements or fail to provide sufficient medical certification. If you are eligible and provide proper documentation, FMLA leave cannot be denied. File a complaint with the DOL Wage and Hour Division (WHD) if leave is unlawfully denied.
Can I take FMLA leave intermittently?
Yes. Intermittent FMLA allows you to take leave in separate blocks of time or by reducing your normal weekly or daily work schedule when medically necessary. Notify your employer of each intermittent absence and provide a DOL WH-380 certification that supports intermittent leave.
Does my employer have to pay me during FMLA leave?
FMLA leave is unpaid. However, your employer may require — or you may choose — to use accrued paid leave (vacation, sick, PTO) concurrently with FMLA leave. Some states have paid family leave programs through state agencies that provide partial wage replacement.
Can my employer fire me while I am on FMLA leave?
No. FMLA prohibits retaliation or interference with protected leave rights. Firing, demoting, or reducing hours because of FMLA leave is unlawful. File a complaint with the DOL Wage and Hour Division at dol.gov/agencies/whd within two years of the violation.
What happens to my health insurance during FMLA leave?
Your employer must maintain your group health insurance coverage during FMLA leave on the same terms as if you had continued working. You must continue paying your share of premiums. If you do not return after leave, your employer may recover the premium costs it paid.
Does FMLA cover mental health conditions?
Yes. Mental health conditions that qualify as a "serious health condition" — requiring inpatient care or continuing treatment by a healthcare provider — are covered under FMLA. A physician or licensed mental health professional can provide the WH-380-E certification.
What is the deadline to file a complaint if my FMLA rights were violated?
You must file a complaint with the DOL Wage and Hour Division within two years of the violation (three years if the violation was willful). You can file online at dol.gov/agencies/whd or by calling 1-866-487-9243.
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