Generally, all public agencies, including federal, state, and local government agencies and schools, are covered by FMLA. Private companies are covered if they have at least 50 employees. [3] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source Even if your employer recently had massive layoffs, they’re still covered by the law if they had at least 50 employees for at least 20 workweeks of this year or last year. Employees at all of a private company’s locations within 75 miles of your workplace count towards the 50 total required, not just the people who work with you.
For example, if you work for your employer for 4 months, are laid off for 2 months, then come back to work for another 8 months, you would be eligible for FMLA leave.
For example, if you worked 35 hours a week for 4 months, then were laid off for 2 months, then came back to work and worked 30 hours a week for another 8 months, you’d have 1,520. That would be enough to qualify you for FMLA leave. Your most recent paystub will show the total hours you’ve worked over the past calendar year. If it’s early in the year, you’ll need previous paystubs to confirm a total if you’re not sure. You can also check with your company’s payroll or human resources department. Only hours that you actually work count—not hours that you were paid for but didn’t actually work, such as sick or vacation paid time off. [6] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source
For example, if you need to go to intensive therapy for 2 hours every day, you could get FMLA to cover that time off of work so you could attend those sessions. If you only have the energy to work part-time due to your chronic depression, you could potentially take FMLA leave for the other hours that you’re supposed to work without being penalized by your employer. Don’t let the phrase “serious health condition” scare you—in the context of the FMLA, it just means a physical or mental condition that requires continuous treatment by a healthcare provider. [8] X Research source
For example, if your employer requires you to notify your direct supervisor of any requests for time off, you would need to submit your request to them, not to the human resources department. Your employee handbook might also include information specifically about FMLA. Read this carefully to make sure there aren’t any significant differences in how your employer handles FMLA requests as opposed to regular sick leave requests.
As soon as you know that you’re going to need to take leave, tell your supervisor or someone in human resources (whatever your employer’s policy requires). You don’t necessarily have to say specifically that you’re using FMLA, but it’s a good idea to do so. For example, you might say, “I need to take FMLA leave starting February 1st. "
The top part of the form might already be filled out by your employer, or they might ask you to fill it out. If your employer has already filled it out, double-check the information they’ve provided and make sure it’s all correct. The only information you need to provide relates to your employment and job duties. You won’t put any information on the form that relates to your medical condition.
Your doctor chooses the option on the form to indicate that your absence is required for treatment, or for limitations caused by a chronic medical condition. They don’t have to specify the medical condition or provide your diagnosis. For example, if you have to see a therapist for treatment during work hours, those hours would be covered under FMLA. However, the doctor or therapist who certifies your absence does not need to describe the type of treatment you’re getting or what that treatment is for. As far as limitations, FMLA only helps you with those that would require you to be off work. If you need accommodations at work so you can effectively do your job, your right to those accommodations would be covered by the Americans with Disabilities Act (ADA). [13] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source
If the hours or dates that you’re approved for FMLA leave differ from the hours or dates that you requested, let your employer know as soon as possible. That gives you time to find out the reason for the discrepancy and take care of the situation. Your employer might tell you that your medical certification is incomplete. If they do, they have to give you at least a week to take the form back to your doctor and get the needed information. [15] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source
It’s not common for an employer to require a second opinion, and even less common for an employer to ask for a third opinion—but it is a possibility you should be aware of. If you’re worried about your employer finding out that you have depression or anxiety, rest assured that HIPAA and other laws protect your privacy. You don’t have to give your employer access to your medical records or give them permission to talk to your doctors. [17] X Trustworthy Source US Department of Labor Federal department responsible for promoting the wellbeing of workers Go to source
If your employer decided you weren’t eligible for FMLA, you can ask for your employment records to try to prove them wrong. For example, if they say you haven’t worked enough hours in the past 12 months, you can use your employment records to prove that you have. You can let your employer talk to your doctor if you want to and you think it would clear things up. You’ll have to sign a written release with your doctor giving them permission to talk to your employer.
Your name, address, and phone number (or other contact information) The name and location of your employer (this might not necessarily be the place where you work, if your employer’s main offices are somewhere else) The phone number of your workplace and the name of your manager The circumstances of your FMLA request and your employer’s response
At the conclusion of the investigation, the agent will let you know what they’ve found. These investigations aren’t usually intended to get individual results, so don’t be surprised if nothing changes regarding your FMLA request. Many employers are willing to comply on their own, especially when they get a call from the DOL or they’re facing an investigation. So it’s possible that, just by calling the DOL, your employer will reverse their decision and approve your leave.
These attorneys typically don’t ask for any money upfront, so don’t worry if you have limited funds available. They’ll look at your situation and give you some advice on how to proceed and you can go from there.
