FMLA Guide: How to Request Medical Leave from Your Employer

1. FMLA Eligibility

Not every worker qualifies for FMLA. You must meet all three of these conditions:

• 12 months of employment: You must have worked for your employer for at least 12 months (they do not have to be consecutive).
• 1,250 hours: You must have worked at least 1,250 hours during the 12 months immediately before your leave starts. That averages roughly 24 hours per week.
• 50 employees within 75 miles: Your employer must have at least 50 employees within a 75-mile radius of your worksite.

FMLA covers leave for your own serious health condition, to care for a spouse, child, or parent with a serious health condition, for the birth or adoption of a child, and for qualifying military caregiver or exigency situations. A serious health condition is one that involves inpatient care or continuing treatment by a healthcare provider, including chronic conditions like asthma, diabetes, or epilepsy.

2. Required DOL Forms

The Department of Labor provides standard forms for the FMLA process. While employers may use their own equivalent forms, these DOL versions are the most widely recognized:

• WH-380-E (Certification of Employee's Serious Health Condition): Your healthcare provider fills this out to certify your own medical condition. It includes diagnosis, treatment plan, and whether intermittent leave is needed.
• WH-380-F (Certification of Family Member's Serious Health Condition):Used when you are taking leave to care for a family member. The family member's healthcare provider completes it.
• WH-381 (Notice of Eligibility and Rights): Your employer provides this to you within five business days of your FMLA request, confirming whether you are eligible.
• WH-382 (Designation Notice): Your employer uses this to notify you whether your leave has been approved as FMLA-qualifying.

BeneFill can pre-fill your personal details, employer information, and medical provider contacts on WH-380-E and WH-380-F, so your doctor only needs to complete the clinical sections.

3. The Request Process

For foreseeable leave (such as a planned surgery or expected birth), you must give your employer at least 30 days' notice. For unforeseeable situations, notify your employer as soon as practicable, typically the same day or the next business day. You do not have to mention FMLA by name; simply explain the reason for your absence and your employer is required to determine whether it qualifies.

After you request leave, your employer has five business days to provide WH-381 (Eligibility Notice). If a medical certification is needed, you have 15 calendar days to return the completed WH-380-E or WH-380-F. Your employer then has five business days to send WH-382 (Designation Notice) informing you whether the leave is approved.

4. Employer Obligations

Employers have specific duties under FMLA that they cannot waive:

• Maintain health insurance: Your employer must continue your group health plan coverage on the same terms as if you were still working. You remain responsible for your share of premiums.
• No retaliation: Employers cannot fire, demote, or discipline you for requesting or taking FMLA leave.
• Proper notice: Employers must inform you of your FMLA rights and obligations using the required forms.
• Intermittent leave: If medically necessary, you can take FMLA leave in separate blocks of time or on a reduced schedule. Employers cannot deny intermittent leave when it is supported by medical certification.

5. Job Protection

When you return from FMLA leave, your employer must restore you to the same position you held before the leave, or to an equivalent position with the same pay, benefits, and working conditions. There are limited exceptions for certain highly compensated employees, but they are rarely applied.

If you believe your employer violated your FMLA rights, such as by terminating you during leave, refusing to restore your position, or retaliating against you, you can file a complaint with the Department of Labor's Wage and Hour Division or pursue a private lawsuit. Complaints must generally be filed within two years of the violation (three years for willful violations).

6. State Paid-Leave Programs

FMLA provides job protection but not pay. However, a growing number of states have enacted paid family and medical leave programs that run concurrently with FMLA. As of 2026, the following states have mandatory paid-leave programs: California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Washington, and the District of Columbia.

Each state program has its own eligibility rules, benefit amounts, and application forms. Benefits typically replace 60 to 90 percent of your average weekly wage, subject to a cap. Check your state's labor department website for specific details. In many cases, you need to file a separate state application in addition to your FMLA paperwork.