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What my employer must actually do
You have told your employer you need leave for a serious health condition or to care for a family member, and now you are waiting to see what happens next. That waiting can feel uncertain, and you may worry about your job or your paycheck. But there is a real, defined process your employer must follow under the federal law that covers this situation.
The honest reality
Not every employer is covered by this law, and not every employee qualifies. The law only applies if your employer meets certain size requirements and you have worked long enough and recently enough to be eligible. Be honest with yourself about those basic qualifications before you assume your employer is required to do everything listed below.
Concrete obligations, not just good intentions
Once you've given a covered employer enough information to know your leave may qualify, they generally have to notify you in writing whether you're eligible, tell you your rights and responsibilities, and designate the leave as FMLA leave if it qualifies, they can't just stay silent. While you're on qualifying leave, your employer generally has to maintain your group health coverage on the same terms as if you were working, and when you return, generally has to restore you to your same job or an equivalent one, same pay, benefits, and terms. What "equivalent" actually means, and the narrow exceptions to job restoration, are fact-specific; if you weren't restored the way you expected, see our returning to work page.
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
What is the first thing my employer must do after I ask for leave?
Your employer must respond within a reasonable time, usually a few business days, by giving you a written notice that explains your rights and responsibilities under the law. That notice will tell you whether or not you are eligible for the leave and what information or documents they need from you to confirm your request.
Can my employer deny my leave request?
Yes, but only for specific reasons. They can deny it if you do not meet the eligibility requirements, if your reason for leave is not covered by the law, or if you do not provide required medical certification within the time they give you. They cannot deny it simply because they do not want to cover your shift or because your absence would be inconvenient.
What kind of paperwork can my employer demand from me?
Your employer can ask for a medical certification from your health care provider that confirms you or your family member has a serious health condition and the dates the leave is needed. They can also ask for a second or third medical opinion in some cases, but they must pay for those opinions. They cannot demand your full medical records or information unrelated to the condition.
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.