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How to request FMLA leave
You are facing a serious health issue or family need and you need time away from work. It can feel overwhelming to balance your medical reality with the fear of losing your job or falling behind at work. The Family and Medical Leave Act (FMLA) provides a real, defined process for requesting that time off, and knowing the steps will help you protect your rights while focusing on what matters most.
The honest reality
A common mistake is assuming you can simply tell your supervisor you need leave and that FMLA protection will automatically apply. In reality, you must follow your employer’s specific notice and certification procedures, and you are responsible for making a clear request that FMLA leave is what you are seeking.
Ask in writing, and know what your employer can require
A request for FMLA leave should generally be made in writing to your employer, stating the reason and, if you know it, when you expect to need the leave, if the need is foreseeable, your employer can require advance notice; if it isn't, like a sudden medical emergency, you generally just need to notify them as soon as practical. You don't have to use the words "FMLA" for the request to count, you just have to give your employer enough information that they should recognize the leave might qualify. Your employer can then ask for supporting certification, see our paperwork page, and has to tell you whether the leave is approved and how it will be counted.
Fired, demoted, or cut in hours around your leave
That is not an ordinary leave question anymore
Being punished for requesting or taking protected leave is a separate, serious problem from the leave process itself. Our three-question triage routes you to the free agency that actually handles retaliation, nothing you type there is sent or stored, and our employment guide covers wrongful termination and retaliation in depth.
You don't need a lawyer to start
Every step above is built for people without lawyers
A WHD complaint and a state agency complaint are both free and designed for workers to use directly. Read our pro se guide for how self-representation works generally, and if a lawyer's cost is the blocker at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid.
Questions
How do I actually start the FMLA request process?
Begin by notifying your employer that you need time off for a qualifying reason. You do not need to mention FMLA by name, but you do need to provide enough information for your employer to understand that the reason may be covered. Give as much notice as your situation allows, and follow your employer’s usual call-in or leave request procedure.
What paperwork or documentation will I need to provide?
Your employer will likely ask you to complete certain forms, including a medical certification from your healthcare provider. This certification verifies the serious health condition and the need for leave. You must provide this documentation within the time frame your employer gives you, or your leave may be delayed or denied.
Can my employer deny my FMLA request if I don’t give enough notice?
Yes, if you fail to provide notice as soon as practicable under the circumstances, your employer may delay or deny FMLA protection for your leave. If your situation is foreseeable, such as a planned surgery, you are expected to give at least [threshold removed]’ notice. If it is not foreseeable, you must notify your employer as soon as possible.
Not legal advice and not a law firm. We don't predict outcomes, and eligibility thresholds, leave lengths, and benefit amounts change and vary by employer, by state, and by program, never rely on a number from this page, confirm the current figures at dol.gov's own FMLA page or your state's agency. If you can get a lawyer or free legal aid, do: start at lsc.gov.