FMLA Regulation Overview

Types of FMLA Qualifying Reasons

What Is a “Serious Health Condition”?

A serious health condition is an illness, injury, or condition that renders the employee unable to perform essential job functions and involves one or more of the following:

• Inpatient treatment (e.g. overnight hospitalization)
• Incapacity for more than 3 consecutive calendar days, combined with continuing treatment by a health care provider (e.g. surgery, severe infection)
• Pregnancy and related complications (e.g. severe morning sickness, prenatal care, childbirth, postpartum recovery)
• Chronic conditions requiring periodic treatment (e.g. asthma, diabetes, epilepsy)
• Permanent conditions requiring supervision (e.g. Alzheimer’s, severe stroke, terminal illness)

The following conditions are typically NOT covered under FMLA:

• Common colds or flu
• Minor ailments without ongoing treatment
• Routine health examinations

Notice Requirements for Employees

When to Notify

Employees should notify their employer as soon as practicable when:

• They know the need for leave is foreseeable (within 30 days if possible)
• The qualifying reason involves a serious health condition or military exigency

How to Notify

Provide:

• Written notice of the need for leave
• Expected start and duration of leave
• What type of leave is needed (if known)
• Information about the serious health condition or family member’s condition

Certification Requirements

Upon an employee’s leave request, the employer has 5 business days to respond and request medical certification for:

• Employee’s own serious health condition
• Family member’s serious health condition requiring care
• Military caregiver leave

What Medical Certification Can Include

• Medical facts of the serious health condition
• For the employee’s own serious health condition, information that the employee cannot perform their essential job functions
• For leave to care for a family member, indication that the family member needs care
• Start date and expected duration of the serious health condition
• If intermittent leave is needed, expected frequency and duration of absences (e.g. “two times per month, one day per episode”)

For a qualifying exigency leave, certification may include a copy of the military orders.

Employers must allow 15 calendar days for the employee to return the medical certification. If the certification cannot be provided in a timely manner despite the employee’s good-faith efforts, the employer must allow additional time.

If the certification is incomplete, employers must give at least 7 calendar days for the employee to work with their health care provider in reconciling the missing information. Employers must provide a written explanation if they delay or deny the leave based on incomplete certification or non-receipt.

If there is reason to doubt the validity of a complete medical certification, a second opinion may be requested at the employer’s cost.

Employer Recordkeeping Obligations Under FMLA

Employers should maintain records of all FMLA leave taken (dates, hours, designation as FMLA leave), copies of notices provided to employees, and medical certifications (in separate, confidential files) for at least 3 years.

Job Protection Rights

Upon Return

Employees returning from FMLA leave are entitled to:

• Reinstatement to the same job position or an equivalent position with equivalent pay, benefits, and working conditions
• Same wages, hours, and other terms of employment
• Restoration of seniority

Non-Retaliation

Employers cannot deny reinstatement based on:

• Reduced part-time schedule if the employee worked full-time before leave
• Temporary nature of the job position (must still offer equivalent role)

Benefits During Leave

Employees generally retain employer-provided benefits during FMLA leave, including:

• Health insurance under the same terms as if continuously employed
• Access to other welfare benefit plans
• Premiums continue to be paid at the same rate

Note: Employees typically must continue making their share of premium payments. Employers may recover unpaid premiums from employees upon return if they stopped payment.

Substitute Pay and Benefits

Paid Leave Integration

Employers may combine FMLA leave with:

• Paid sick leave
• Personal leave
• Vacation/PTO
• Disability leave benefits

If the employee uses paid leave during their FMLA entitlement, they continue receiving pay/benefits while counting toward their 12-week FMLA total.

How State Laws Interact With FMLA

Many states provide more generous leave laws that run parallel to FMLA. For example:

• California: Provides Paid Family Leave (PFL) through state programs
• New York: Offers paid family leave benefits with additional protections
• Washington: Requires earned family and medical leave with paid options

Employees may be entitled to both federal and state leave benefits. Employers must comply with the more generous standard when laws conflict.

Additional Resources

For more information about eligibility, protections, and compliance requirements:

• U.S. Department of Labor – Wage and Hour Division – Family and Medical Leave Act
• Qcera | LeaveSource – State Leave Laws