An employer’s policy and practice requires that employees make all leave requests in writing to their department supervisor.To request FMLA leave, employees should follow the usual and customary procedures at their workplace for requesting leave, unless they are unable to because of unusual circumstances. When the employee needs leave again in that leave year for the same reason, they must specifically reference the need for FMLA leave or the qualifying reason for the leave.Įstablished procedures for requesting leave. When an employee has approval to use FMLA leave for a qualifying reason, they may continue to use FMLA leave for that reason at different times during the same leave year. If LaTarsha had stated only that her spouse was “sick”-without any other details-she may not have provided enough information for an employer to recognize that the leave request may be covered under the FMLA.įollow-up requests. This is enough information for the employer to know that LaTarsha’s leave may be covered by the FMLA. LaTarsha tells her employer that she needs leave to care for her spouse who has been hospitalized overnight, and that she anticipates being out for the rest of the week. LaTarsha’s spouse, who has previously been healthy, develops a serious health condition.However, an employee does have to provide enough information for the employer to know that the leave may be covered by the FMLA. The first time an employee requests leave for an FMLA reason, the employee does not have to mention the FMLA to be protected under the law. To take FMLA leave, an employee must provide their employer with appropriate notice. PUTTING AN EMPLOYER ON NOTICE THAT YOU NEED FMLA LEAVE Military caregiver leave – leave when a family member is a current servicemember or recent veteran with a serious injury or illness.įor more information about the FMLA generally, see Fact Sheet #28.Qualifying exigency leave –- leave for certain reasons related to a family member’s foreign deployment, and.Reasons related to a family member’s service in the military, including:.A serious health condition that makes the employee unable to work, and.The care for a child, spouse, or parent who has a serious health condition,.The birth of a child or placement of a child with the employee for adoption or foster care,.Local educational agencies, including public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of the number of employees.Public agencies, including Federal, State, and local government employers, regardless of the number of employees, and.Private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year,.Work at a location where the employer has at least 50 employees within 75 miles.Ĭovered employers: Covered employers under the FMLA include:.Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and.Work for a covered employer for at least 12 months,.Employees must be restored to the same or virtually identical position when they return to work after FMLA leave.Įligible employees: Employees are eligible if they: FMLA leave may be unpaid or used at the same time as employer-provided paid leave. The FMLA provides eligible employees of covered employers with job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same conditions as if they had not taken leave. This fact sheet explains how employees request FMLA leave.

The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons.

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