Family Medical Leave Act

Topic outline

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  General

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    You have a right under the FMLA to take unpaid, job-protected FMLA leave in a 12-month period for certain family and medical reasons, including up to 12 weeks of unpaid leave in a 12-month period for the birth of a child or placement of a child for adoption or foster care, for leave related to your own or a family member’s serious health condition, or for certain qualifying exigencies related to the deployment of a military member to covered active duty. 

    You also have a right under the FMLA to take up to 26 weeks of unpaid, job-protected FMLA leave in a single 12-month period to care for a covered servicemember with a serious injury or illness (Military Caregiver Leave).
    

  • FMLA Overview

    
    

  • FMLA Application Roadmap H5P

    Roadmap of the FMLA process.  
    This guide is created directly from the federal Department of Labor's "Employer's guide to FMLA".  

    Click the ? to expand the desired section and close the expanded section with X to move to the next, scroll up and down using the bar on the right of the document.

    
    

    
    

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  FMLA Notice

  • When an covered employer becomes aware of an employees request or potential need for FMLA protected leave the employer must provide WH-381 "Rights and Eligibility notice" within 5 business days. 

    ❗Notice by employee can be in person, by telephone, electronically, or though a pattern of absences that an employer may recognize as possibly qualifying for FMLA.
    

  • WH-381 Benefit Notice/ Request for Certification URL
  • ❗If an employer fails to provide notice (Rights and Responsibilities Notice) they are deficient in their responsibility and an appeal or complaint can be made to Department of Labor.
    

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  Serious Health Conditions

  • Definitions and Requirements Page

    The Department of Labor's definitions and certification requirements for serious health conditions.

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  FMLA Certification

  • 1.) Request-  An employer may choose to require FMLA certification but is not required to do so by Department of Labor.
    ❗If a qualifying employer fails to request certification, leave is considered approved unless notified otherwise.

  • WH-380-E FMLA Certification (Application) File
  • If the employer requires certification the employee must provide a certification from a medical provider within 📆15 days unless impossible despite their diligent good faith efforts ie provider is on vacation.

    ❗DOL provides form WH-380-E to simplify the certification process, however a complete certification in any format ie Doctors Office letterhead cannot be denied.

  • 2.)  Employer Response to Employee Certification Request- The employer has 📆7 days to respond in writing to the employees request for leave.   The employer may approve the leave at this time or request additional certification.  

    • Approval- If approved the employer shall provide the employee with a designation notice informing the employee of the amount of leave and any and all requirements during the leave period. 
      
      
    • Incomplete Certification-  The employee then has 📆5 days to correct any deficiency or submit an updated certification, unless not possible despite their diligent good faith efforts. 
      
      
    • Denial- If the employee provides no certification or deficiencies are not corrected the leave may be denied. 
      ❗The employer must provide a written reason for denial. 

  • 3.)  Appeal-  When the employer fails to respond or denies FMLA, an employee may file a complaint with the Department of Labor.

• This topic
  

  Filing a Complaint with the Department of Labor

  • "The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status.

    If you have questions or concerns, you can contact us at 1-866-487-9243 or visit www.dol.gov/agencies/whd. You will be directed to the nearest WHD office for assistance. There are WHD offices throughout the country with trained professionals to help you."https://www.dol.gov/agencies/whd/contact/complaints

    ❗Filing a complaint only requires calling your local DOL WHD Office and providing the details of your leave dates, certification, communications with employer, and other information and evidence relevant to the investigation.  The process is generally very fast and efficient and provides options to aggrieved employees to file litigation for FMLA interference. Damages in FMLA cases can be up to 3x the employees lost wages

    
    

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  Files and Resources

  • WH-381 Benefit Notice/ Request for Certification URL
  • WH-380-E FMLA Certification (Application) File

    If the employer requires certification the employee must provide a certification from a medical provider within 🗓️15 days unless impossible despite their diligent good faith efforts ie provider is on vacation.

    ❗DOL provides form WH-380-E to simplify the certification process, however a complete certification in any format ie Doctors Office letterhead cannot be denied.

  • Employers Guide to FMLA File

    DOL's Employer's Guide to FMLA- This guide contains the step by step process and instructions provided by the Federal Department of Labor to Employers.  These guidelines are the minimum standard, nothing in these guidelines restrict employers from allowing or enhancing these protections i,e, PFML - Paid Family Medical Leave.

  • DOL FMLA Powerpoint URL

    Disclaimer:
    

    •The presentation is intended as general information only and does not carry the force of legal opinion.
    
    •The Department of Labor is providing this information as a public service.  This information and related materials are presented to give the public access to information on Department of Labor programs.