How to Request FMLA Leave: A Step-by-Step Guide

Introduction

You've confirmed you're eligible for FMLA. Now what? The request process has specific requirements, and missing a step can delay your leave or even jeopardize your protection. Here's exactly what to do.

Step 1: Notify Your Employer

### Timing Matters - **Foreseeable leave** (planned surgery, due date): Provide **30 days advance notice** when possible - **Unforeseeable leave** (sudden illness, accident): Notify as soon as practicable, usually within **1-2 business days**

### What to Say You don't have to specifically say "FMLA." Just provide enough information for your employer to understand you may need protected leave:

> "I need to take time off because I'm having surgery next month."

> "My mother was hospitalized and I need to be with her."

Your employer is responsible for recognizing potential FMLA situations and providing the proper forms.

Step 2: Complete the Employer's Forms

Within **5 business days** of your request, your employer should provide:

1. **Notice of Eligibility** - Confirms whether you qualify 2. **Rights and Responsibilities Notice** - Explains what's expected 3. **Certification Form** - Must be completed by your healthcare provider

Step 3: Get Medical Certification

You have **15 calendar days** to return the completed certification form. The form is completed by:

• Your doctor (for your own condition)
• The patient's doctor (for family member care)

### Common Certification Forms | Form | Purpose | |------|--------| | WH-380-E | Employee's own serious health condition | | WH-380-F | Family member's serious health condition | | WH-384 | Military qualifying exigency | | WH-385 | Military caregiver leave |

**Use our [Form Finder](/forms)** to get the right form instantly.

Step 4: Await Your Employer's Decision

Your employer must notify you of their decision (approval or denial) within **5 business days** of receiving your complete certification.

If they need more information, they can request clarification—but only through your HR department contacting your provider.

Step 5: Begin Your Leave

Once approved: - Your leave begins on the agreed-upon date - Your health insurance continues under the same terms - You cannot be fired, demoted, or penalized for taking FMLA leave

Common Mistakes to Avoid

1. **Waiting too long to notify** - Don't wait until the last minute for foreseeable leave 2. **Missing the certification deadline** - 15 days goes fast; get the form to your doctor immediately 3. **Not keeping records** - Save copies of everything you submit 4. **Assuming approval** - Don't start leave until you receive written confirmation

Conclusion

The FMLA request process is straightforward if you follow the steps: notify, document, certify, confirm. Keep communication clear and timelines tight, and you'll have the protection you need.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*