Step-by-Step: How to Manage an Employee FMLA Request

1/30/2026

Receiving a leave request from an employee can set in motion one of the most complex administrative processes for any HR professional: managing a request under the Family and Medical Leave Act (FMLA). Handling an employee FMLA request is not a simple matter of approving time off. It is a structured, multi-step journey governed by strict federal regulations. Each step, from the initial employee inquiry to their eventual return to work, is laden with specific requirements, deadlines, and documentation needs.

A systematic approach is essential for success. Properly managing an FMLA request ensures legal compliance, protects the organization from significant risk, and provides crucial support to employees during challenging times. This step-by-step guide is designed for HR professionals to navigate the entire FMLA process with confidence and precision. By following these steps, you can create a process that is not only compliant but also fair, consistent, and efficient.

The Importance of a Standardized Process

Before diving into the steps, it's vital to understand why a standardized process is non-negotiable. Without a clear, repeatable procedure, FMLA administration can quickly fall into disarray. Different employees may receive different information, deadlines might be missed, and crucial documentation can be misplaced. This inconsistency is a primary driver of FMLA-related lawsuits, which often allege that an employer interfered with an employee’s rights or retaliated against them for taking leave.

A step-by-step process ensures that every FMLA request is handled with the same level of care and diligence. It creates a defensible record of the company's actions and demonstrates a good-faith effort to comply with the law. This guide will serve as your blueprint for building that process.

Step 1: Recognize the FMLA Request

The FMLA process begins the moment an employee indicates a potential need for leave that could be for an FMLA-qualifying reason. This is a critical first step, and it is often where the first mistake is made.

The Trigger: What to Listen For

An employee does not need to use the words “FMLA” or “Family and Medical Leave” to trigger your obligations. They only need to provide enough information for you to reasonably conclude that their leave might be covered.

Examples of FMLA trigger phrases:

• “I’m pregnant and will need time off for the birth.”
• “My husband is having surgery next month.”
• “I need to be out for a few weeks to go to an inpatient treatment program.”
• “My son has a chronic condition and I’ll need to take him to appointments.”

Best Practices:

• Train Your Managers: Front-line managers are often the first to hear these requests. They must be trained to recognize these trigger phrases and to report them to HR immediately. Instruct them not to approve or deny the leave on their own or ask for a diagnosis.
• Document the Initial Request: Whether the request is made verbally, via email, or in person, document the date it was made, who it was made to, the reason given, and the anticipated timing/duration. This internal record establishes the start of the FMLA timeline.

Step 2: Provide the Initial Notice Packet

Once a request is recognized, the clock starts ticking. You have five business days to provide the employee with a packet of information that includes two crucial documents: the Notice of Eligibility and the Rights & Responsibilities Notice.

Form WH-381: The Essential First Communication

The Department of Labor's Form WH-381 combines both of these required notices.

• Notice of Eligibility: This section informs the employee whether they are eligible for FMLA leave. To be eligible, an employee must have worked for you for at least 12 months, for at least 1,250 hours in the past 12 months, and at a worksite with 50 or more employees within a 75-mile radius. If the employee is not eligible, you must state at least one reason why.
• Rights & Responsibilities Notice: This section outlines the expectations and obligations for the leave. It is one of the most important pieces of FMLA documentation. It must detail the 12-month period you use to track FMLA, any requirement for medical certification, rules about substituting paid leave, arrangements for paying benefit premiums, and job restoration rights.

Best Practices:

• Don't Delay: The five-day deadline is strict. Missing it can prevent you from taking action against an employee who later fails to meet their obligations. Use calendar reminders to ensure timeliness.
• Be Thorough: Fill out the Rights & Responsibilities notice completely. If you might require a fitness-for-duty certificate for the employee to return to work, you must state it here. Failing to do so can waive your right to ask for it later.
• Document Delivery: Keep a copy of the completed form and document the date it was provided to the employee.

Step 3: Request and Review Medical Certification

For leave related to a serious health condition, you have the right to request a medical certification from a healthcare provider to validate the need for leave.

Providing the Correct Form

Provide the employee with the appropriate DOL form:

• Form WH-380-E: For the employee’s own serious health condition.
• Form WH-380-F: For a family member’s serious health condition.

Give the employee at least 15 calendar days to return the completed form.

Reviewing the Certification

When you receive the certification, review it carefully. Does it contain all the necessary information?

• Is it legible and complete?
• Does the provider confirm that the condition is a "serious health condition"?
• For intermittent FMLA leave, does it provide a reasonable estimate of the frequency and duration of absences?

Best Practices:

• Handle Deficiencies Properly: If the form is incomplete or vague, you cannot simply deny the leave. You must notify the employee in writing what additional information is needed and give them at least seven calendar days to fix it.
• Respect Privacy: The employee’s direct supervisor should never be the one to receive or review the medical certification. This process should be handled exclusively by HR to maintain confidentiality.
• Know the Rules on Clarification: If you need to clarify the form, an HR professional (not the supervisor) may contact the healthcare provider. However, you must have the employee's permission to do so. The contact is limited to clarifying and authenticating the information on the form; you cannot ask for new or additional medical details.

Step 4: Make a Decision and Designate the Leave

Once you have enough information to make a decision—typically after receiving a complete and sufficient medical certification—you have another five business days to officially designate the leave.

Form WH-382: The Designation Notice

This is the formal, written notice that informs the employee whether their leave is approved and will be counted against their 12-week FMLA entitlement.

The Designation Notice must state:

• If the leave is approved as FMLA leave.
• If the leave will be counted against the employee's FMLA balance.
• Any requirement for substituting paid leave.
• The amount of leave that will be deducted from their entitlement, if known.
• Whether afitness-for-duty certification will be required to return to work.

Best Practices:

• Never Skip This Step: Failing to designate the leave can prevent you from counting the absence against the employee's FMLA allotment. This is a very common and costly mistake. A comprehensiveFMLA training program will emphasize this as a critical control point.
• Communicate Clearly: If you are denying the FMLA request, the Designation Notice should clearly state the reason for the denial (e.g., the medical certification did not substantiate a serious health condition).
• Document, Document, Document: Keep a copy of the signed Designation Notice in the employee's secure FMLA file.

Step 5: Manage the Leave and Maintain Communication

Once the leave is approved, HR's role shifts to managing the absence and maintaining open lines of communication.

Tracking Leave Usage

This is a core responsibility during the leave period, especially for intermittent leave.

• Be Precise: Track FMLA leave using the smallest increment your payroll system uses (but no more than one hour). For a salaried exempt employee, deductions must also be made in a way that doesn't violate FLSA rules.
• Use a Centralized System: HR should own the master tracking system to ensure accuracy and consistency. Do not rely on individual managers to track FMLA balances.

Maintaining Communication

Stay in touch with the employee during their leave, but do so within the bounds of the law.

• You can require the employee to periodically report on their status and intent to return to work.
• You cannot ask them to perform any work while on FMLA leave.
• Communicate any issues with benefit premium payments promptly.

Step 6: Manage the Employee's Return to Work

The final step in the process is managing the employee’s transition back to the workplace.

Fitness-for-Duty Certification

If you stated your requirement for a fitness-for-duty certification in the Rights & Responsibilities Notice, you can now ask for it. The certification can only be requested for the employee's own serious health condition and must be job-related. It confirms the employee is able to resume their essential job functions.

Job Restoration

This is a cornerstone of the FMLA. An employee returning from FMLA leave must be restored to:

• Their original job, or
• An "equivalent" job.

An equivalent job must have the same pay, benefits, work location, and schedule. It must also have substantially similar duties, responsibilities, and status.

Best Practices:

• Audit the "Equivalent" Position: If you are not returning the employee to their exact same job, HR should conduct an audit to ensure the new position truly is equivalent. A demotion in duties, even with the same pay, is a violation.
• Address Return-to-Work Restrictions: If the employee's fitness-for-duty certification includes medical restrictions, your FMLA obligation may be over, but your ADA obligations may begin. HR must be prepared to start the interactive process to discuss reasonable accommodations.

Real-World Example: Following the Steps Prevents a Lawsuit

An employee requests leave for a "family emergency." An untrained manager says, "Okay, just let me know when you'll be back." The employee is out for three weeks to care for her mother after a major surgery. When she returns, the manager has filled her position and offers her a lower-level role. The company now faces a clear FMLA interference and retaliation lawsuit.

Here’s how an HR professional following the steps would have handled it:

1. Step 1: The manager, trained by HR, hears "family emergency" and immediately contacts HR.
2. Step 2: Within two days, HR provides the employee with the FMLA notice packet.
3. Step 3: The employee returns the medical certification confirming her mother has a serious health condition.
4. Step 4: HR issues a Designation Notice, approving the leave and confirming her job is protected.
5. Step 5: HR tracks the three weeks of leave against her 12-week entitlement.
6. Step 6: The employee returns and is restored to her original job.

By following a clear process, HR averted a lawsuit, supported the employee, and upheld the law. The investment in proper procedure and mastering theFMLA notice requirements paid for itself many times over.

A Roadmap to FMLA Compliance

Managing an employee FMLA request is a journey with a clear map. By following these steps diligently, HR professionals can navigate the complexities of the law with confidence. This systematic approach transforms a potentially risky and chaotic process into a structured, compliant, and supportive function. It protects the organization from legal jeopardy and reinforces HR's role as a strategic partner dedicated to both the company's well-being and its employees' rights.