Understanding employee leave laws can be challenging, especially when it comes to the Family and Medical Leave Act (FMLA). Both employers and employees often wonder when FMLA applies and what each party must do to stay compliant. One of the most common questions is whether employees must specifically request “FMLA leave” to receive it.
To provide clarity, the following questions and answers outline how FMLA leave should be properly administered:
Q: Do employees have to specifically ask for “FMLA leave” to receive it?
A: No. Employees are not required to use the term “FMLA” when requesting leave. What matters most is that they provide enough information for the employer to recognize that the leave may qualify under the FMLA.
Q: What information should employees provide when requesting leave?
A: Employees must communicate effectively with their employer to help determine if the leave qualifies under FMLA.
- Provide sufficient details: Brief statements like “I’m sick” lack detail; specify if leave relates to medical treatment, recovery, or caregiving for a family member
- Notify early: Give notice as soon as possible, especially for planned or foreseeable absences
Clear and timely communication helps prevent delays and ensures employees receive the protections guaranteed under federal law.
Q: What are the employer’s responsibilities once a leave request is made?
A: Once an employer learns that an employee’s absence may qualify for FMLA, they must take prompt action in accordance with federal regulations.
- Assess the request: Review the information provided to determine FMLA eligibility
- Request documentation if needed: Employers may request medical certification and must allow up to 15 calendar days for completion
- Designate leave appropriately: Begin the FMLA process when applicable, even if the employee does not request it by name
Employers are responsible for ensuring proper notice, documentation, and recordkeeping throughout the leave process.
Accessing FMLA Forms
To simplify the FMLA process, the U.S. Department of Labor offers optional-use, fillable forms for both employers and employees. These forms ensure all required details are documented and that both parties meet federal compliance standards.
Resource: Larry Grudzien, Attorney at Law
