Everything You Need to Know About Requesting Leave Under the Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) gives you the right to take time off for serious health conditions, family caregiving, or military-related responsibilities without losing your job or health benefits. However, following the correct process is important to get those protections.

That means giving your employer the right kind of notice, at the right time, and with the necessary documentation. Here's how to request FMLA leave correctly to avoid missing a step or risking your legal protections.

FMLA at a Glance: What You Need to Know

When properly requested, the Family and Medical Leave Act (FMLA) offers key protections to eligible employees, including:

• Up to 12 weeks of unpaid, job-protected leave per year
• Continued group health insurance coverage during your time off
• The right to return to the same or a similar role when your leave ends

What Can You Use FMLA Leave For?

You can take FMLA leave for a variety of family and medical reasons, including:

• The birth, adoption, or foster placement of a child
• Caring for a spouse, child, or parent with a serious health condition
• Taking time off for your own serious health condition
• Certain military family needs, such as deployment-related issues or caring for an injured service member

Are You Eligible?

To qualify for FMLA leave, you must meet all of the following:

• Worked for your employer for at least 12 months
• Logged 1,250 hours of work in the past 12 months
• Be employed at a location where your employer has 50 or more employees within 75 miles

How to Request FMLA Leave

You don’t have to mention the FMLA by name when you first request leave, but you do need to give your employer enough information to understand that the leave might qualify for FMLA protection. 

Example that qualifies:

“I need to take time off to care for my spouse, who’s in the hospital for a serious illness.”

Too vague:

“My spouse is sick.”

The more you communicate the nature of your leave, the better your chances of protecting your rights under the law.

How to Properly Notify Your Employer About FMLA Leave

Every workplace has its own process for handling time-off requests, whether it's an online system, a written form, or an email. Follow your employer’s standard leave request procedures when asking for FMLA leave.

For example, if your company typically requires time-off requests in writing, and you're requesting leave to care for a parent, follow that process. Sticking to your employer’s system helps avoid confusion and strengthens legal protections.

That said, emergencies happen, and the law recognizes that. If you’re hospitalized or unable to notify your employer, someone else can give notice on your behalf. FMLA is designed to be flexible in urgent situations.

When You Need to Give Notice

Here’s a quick overview of FMLA notice timelines:

• Planned Leave: If you know about the need for leave in advance (like a scheduled surgery), you should give at least 30 days’ notice, if possible.
• Unplanned Leave: For emergencies or unexpected situations, notify your employer as soon as possible, even if it’s after the fact.
• Military Leave: If you need FMLA leave for military-related reasons, the same rule applies: give notice as soon as you can, even if it's short notice.

Ongoing or Intermittent Leave

If you’ve already been approved for FMLA leave for a recurring issue, like chemotherapy treatments or flare-ups from a chronic illness, you don’t need to reapply every time. But it’s important to:

• Reference the original approved reason each time you use leave
• Notify your employer each time you need to take time off under that ongoing leave
• Provide updates if plans change, like returning to work earlier or needing additional time

Your employer is allowed to request updates or clarification if the timeline shifts, and providing them with accurate information helps maintain your protection under the law.

Why FMLA Rules Matter

If you wait too long to notify your employer or fail to provide enough information, your FMLA protections could be delayed or denied. But there’s a catch: your employer must have clearly informed you of your FMLA rights, and it must have been reasonable for you to give better notice under the circumstances.

What Your Employer Can’t Do

Your FMLA rights are still protected even if you’ve taken time off. Your employer cannot legally:

• Fire or demote you for using FMLA leave
• Deny your leave if you’re eligible and you followed the notice rules
• Retaliate against you for asking about or asserting your FMLA rights

If they do, that’s a violation of federal law, and you may have grounds to file a complaint with the U.S. Department of Labor’s (DOL) Wage and Hour Division or pursue a private legal claim.

Also, don’t forget: many states offer additional family and medical leave protections. You’re allowed to benefit from both federal and state laws at the same time, whichever provides the most protection.

FMLA Exists to Protect You

If you need FMLA leave, the most important step is to speak up early and clearly. You don’t need to use any legal terms, just explain your situation and follow your employer’s usual leave request process when possible.

The FMLA has your back as long as your reason qualifies and your notice is reasonable. And if your employer treats you unfairly for exercising your rights, consider having your case reviewed for free here at Morgan & Morgan. Our employment attorneys might be able to help.

This information is based on fact sheets the DOL provides.