Leave & Accommodation

How do I apply for FMLA?

FMLA is usually applied for through your HR department at your employer. Your HR department can ask you to fill out certain specific forms and request certain medical information in order to evaluate whether or not you have a medical condition that requires an FMLA leave. So, it's very important that you follow the specific instructions that are given to you by your HR department.

If, however, your HR department is denying you an FMLA leave that you believe you're entitled to or is interfering with your ability to take your FMLA leave or doesn't return you to work after your FMLA leave ends, you should contact an attorney who will help you determine whether or not you have a case against your employer.

You don't have to name FMLA to start the process

You're not required to invoke FMLA by name when you first tell your employer you need leave — you just need to give them enough information about the reason, such as a medical condition, a family member's condition, or a pregnancy, for them to recognize that a protected leave might apply. Once they have that information, the obligation to sort out the paperwork and give you the proper notices shifts to them, not you.

When the need for leave is foreseeable, giving your employer as much advance notice as you reasonably can protects you; for something sudden, notice as soon as possible is enough. Employers can also require you to use up accrued paid leave, like vacation or sick time, at the same time as your unpaid FMLA leave, so don't be surprised if your paid time off runs down while you're out.

Keep your own paper trail

Save copies of every form you submit and every response you get back, including any written notice approving or denying your leave. If HR goes quiet, keeps asking for more information than seems reasonable, or the timeline drags on, that delay itself can be worth discussing with an attorney.

NoteGeneral information, not legal advice. Attorney advertising.
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