How to Apply for Medical Leave
Confirm your eligibility under the Family and Medical Leave Act., Provide as much notice as possible., Request leave from your manager or human resources representative., Provide medical certification, if requested., File a complaint with the U.S...
Step-by-Step Guide
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Step 1: Confirm your eligibility under the Family and Medical Leave Act.
Generally, you are eligible for up to 12 weeks of job-protected, unpaid leave if you've worked for a covered employer at least 1,250 hours in the last 12 months.Employers are covered by FMLA if they have at least 50 employees, either on site where you work or within a 75-mile radius.FMLA leave is available if you have a serious health condition, or if you need to care for a spouse, child or parent who has a serious health condition.Serious health conditions include inpatient care in a hospital or other residential medical facility, a period of incapacity due to pregnancy, or absences to receive multiple medical treatments such as chemotherapy or dialysis. -
Step 2: Provide as much notice as possible.
Generally, you must give your employer at least 30 days' advance notice if you plan to take time off using your FMLA medical leave.
If the medical situation arises unexpectedly, such as an emergency or unpredicted worsening of condition, you must inform your employer as soon as possible.When you don't give 30 days' notice because the medical condition wasn't foreseeable, your employer has the right to ask for an explanation as to why it wasn't practicable for you to give the amount of notice required by law., You don't have to ask specifically for FMLA in your first leave request, but you must at least provide enough information to make your employer aware that your request may be covered by FMLA.Any additional leave requests after the first either must mention FMLA specifically, or mention the condition that served as the basis for the first request.Within five days of your request, your employer must inform you of whether you are eligible for FMLA leave., When you request leave, your employer must provide you with information about your rights and responsibilities under FMLA.
Your employer also has the right to request medical certification of your need to take leave.If you are asked to provide medical certification, you have 15 calendar days to provide it.
If you don't provide the requested certification, your employer may deny your request for leave.The only situation in which an employer does not have the right to ask for medical certification is if you are requesting leave time to bond with a newborn or child placed in your home for adoption or foster care.Your employer also may ask for medical certification after the leave is granted, if questions arise regarding the appropriateness of your leave or its duration.You may have to pay a fee to your health-care provider to furnish the information required for the medical certification.Complete certification would include information such as when the condition began, how long it will last, appropriate medical facts about the condition, and a statement as to why you cannot work or why your loved one needs your care., If your employer wrongfully denies your right to leave under FMLA, you can file a complaint with the Wages and Hours Division of the DOL or file a lawsuit in court against your employer. -
Step 3: Request leave from your manager or human resources representative.
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Step 4: Provide medical certification
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Step 5: if requested.
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Step 6: File a complaint with the U.S. Department of Labor.
Detailed Guide
Generally, you are eligible for up to 12 weeks of job-protected, unpaid leave if you've worked for a covered employer at least 1,250 hours in the last 12 months.Employers are covered by FMLA if they have at least 50 employees, either on site where you work or within a 75-mile radius.FMLA leave is available if you have a serious health condition, or if you need to care for a spouse, child or parent who has a serious health condition.Serious health conditions include inpatient care in a hospital or other residential medical facility, a period of incapacity due to pregnancy, or absences to receive multiple medical treatments such as chemotherapy or dialysis.
Generally, you must give your employer at least 30 days' advance notice if you plan to take time off using your FMLA medical leave.
If the medical situation arises unexpectedly, such as an emergency or unpredicted worsening of condition, you must inform your employer as soon as possible.When you don't give 30 days' notice because the medical condition wasn't foreseeable, your employer has the right to ask for an explanation as to why it wasn't practicable for you to give the amount of notice required by law., You don't have to ask specifically for FMLA in your first leave request, but you must at least provide enough information to make your employer aware that your request may be covered by FMLA.Any additional leave requests after the first either must mention FMLA specifically, or mention the condition that served as the basis for the first request.Within five days of your request, your employer must inform you of whether you are eligible for FMLA leave., When you request leave, your employer must provide you with information about your rights and responsibilities under FMLA.
Your employer also has the right to request medical certification of your need to take leave.If you are asked to provide medical certification, you have 15 calendar days to provide it.
If you don't provide the requested certification, your employer may deny your request for leave.The only situation in which an employer does not have the right to ask for medical certification is if you are requesting leave time to bond with a newborn or child placed in your home for adoption or foster care.Your employer also may ask for medical certification after the leave is granted, if questions arise regarding the appropriateness of your leave or its duration.You may have to pay a fee to your health-care provider to furnish the information required for the medical certification.Complete certification would include information such as when the condition began, how long it will last, appropriate medical facts about the condition, and a statement as to why you cannot work or why your loved one needs your care., If your employer wrongfully denies your right to leave under FMLA, you can file a complaint with the Wages and Hours Division of the DOL or file a lawsuit in court against your employer.
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Larry Hayes
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