A Guide to the FMLA Process

When you or a loved one faces a serious health condition, the last thing you need to worry about is losing your job. That’s where the Family and Medical Leave Act (FMLA) comes in. This federal law gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. But while the protections are strong, the process can feel overwhelming if you don’t know what to expect.

Step 1: Understand if You’re Covered

Before you request FMLA leave, check whether you qualify. You must have worked for your employer for at least 12 months (not necessarily consecutively) and logged at least 1,250 hours in the past year. Your employer must also have at least 50 employees within a 75-mile radius.

If you meet these requirements, the FMLA gives you up to 12 weeks of unpaid leave per year for:

• Your own serious health condition.
• Caring for a spouse, child, or parent with a serious health condition.
• Birth or placement of a child for adoption or foster care.
• Certain needs related to a family member’s military service.

Step 2: Notify Your Employer

You don’t need to use the acronym FMLA when asking for leave, but you must give your employer enough information to understand that the leave qualifies. If possible, give at least 30 days’ notice. For emergencies, notify your employer as soon as you can.

Be clear and specific when notifying them. For example, saying, “I need time off for surgery,” works better than just saying, “I’m not feeling well.” This helps your employer start the formal FMLA process.

Step 3: Complete Required Paperwork

Once you notify your employer, they have five business days to give you a notice of your FMLA rights and a medical certification form. This form typically goes to your doctor to confirm the medical need for leave.

You usually have 15 calendar days to return the completed certification, though your employer can extend this time. Pay close attention to deadlines and details—missing them can risk denial of your leave. Keep a copy of everything you submit in case there’s a dispute later.

Step 4: Track Your Leave Time

While on FMLA leave, the time you use counts against your 12-week entitlement. Your employer must inform you how much leave you’re using and how much remains. You can take the leave all at once or in smaller blocks (called intermittent leave), depending on your medical needs.

Stay in communication with your employer, especially if your situation changes or you need an extension. You may need to provide updated medical certifications for longer or intermittent leaves.

Step 5: Prepare for Your Return

When your FMLA leave ends, you have the right to return to your same job or an equivalent one with the same pay, benefits, and terms. Your employer cannot punish you or hold your leave against you when making employment decisions.

If you believe your employer has retaliated against you for taking FMLA leave—such as cutting your pay, demoting you, or firing you—that could be illegal. Keep records of all conversations and decisions related to your leave and return.

What if Your FMLA Rights Are Violated?

Unfortunately, some employers ignore their FMLA obligations or try to intimidate workers who use their rights. Common violations include:

• Denying valid FMLA leave requests.
• Failing to maintain health insurance coverage during leave.
• Refusing to reinstate employees after leave.
• Retaliating against workers for using or requesting FMLA leave.

If you face any of these situations, you may have a legal claim. You have the right to file a complaint with the U.S. Department of Labor or pursue a lawsuit to recover lost wages, benefits, and other damages.

Take Control of Your Rights

The FMLA gives you important protections, but you must know how to use them. Understanding each step—from notifying your employer to returning to work—puts you in control and helps you avoid common pitfalls. If your employer has violated your FMLA rights or you need guidance on handling an FMLA issue, Sommers Schwartz is here to help. Our Michigan employment law team stands ready to fight for workers facing unfair treatment. Contact us today to discuss your situation and learn how we can help you protect your rights.