The FMLA outlines specific steps and employee must follow in order to be covered by the FMLA. The following steps outline the process through which an employee should apply or FMLA leave. Our lawyers have written the below blog to help you understand how to apply for FMLA leave.
Medical Certification
To apply for FMLA, the employee must have their health care provider prepare and sign an FMLA Medical Certification Form to certify that their condition is a serious health condition as defined by the FMLA. The health care provider’s statement must also include a statement that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent; and
If the eligible employee is requesting intermittent leave or leave on a reduced leave schedule and the expected duration of the intermittent leave or reduced leave schedule. In any case in which the employer has reason to doubt the validity of the certification the employer may require, at the expense of the employer, that the eligible employee obtains a second opinion. The employee must return the form within 15 calendar days.
Notice Requirements
After employees are approved, they must submit the FMLA Notification Form within two days of requesting leave.
After the leave is approved, employees should give 30 days’ advance notice when the leave is foreseeable unless. In some cases, a serious health condition may arise suddenly. When this occurs, the 30-day requirement is waived, however, the employee shall make a reasonable effort to schedule leave so as not to disrupt unduly the operations of the employer. For leave related to an active duty service member, the employee shall provide such notice to the employer as is reasonable and practicable.