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WHD Releases - Family and Medical Leave Act Employee Guide

Wage and Hour Division (WHD)

Family and Medical Leave Act Employee Guide

As part of the Departmentís continuing effort to spread the word about the FMLA and make the FMLA more accessible, WHD is releasing an Employee Guide to the FMLA, a 16-page, plain language booklet designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.

Need Time? The Employee's Guide to The Family and Medical Leave Act

The Employee Guide specifically addresses:

  • Who can use FMLA? (Coverage and Eligibility)
  • When can I use FMLA? (Qualifying reasons to take FMLA)
  • What can the FMLA do for me? (FMLA rights and protections)
  • How do I request FMLA leave?
  • Communication with Employer (Employer and Employee Notices)
  • Medical Certification
  • Returning to Work (Reinstatement rights)
  • How to File a Complaint

The Employee Guide includes three easy-to-follow and informative flow charts that detail how FMLA coverage and eligibility are determined, maps out the FMLA leave process and how the FMLA medical certification process works. It addresses the FMLA definition of "son or daughter", including in loco parentis relationships even if the employee has no biological or legal relationship to the child, as provided in the Department's June 2010 FMLA Administrator Interpretation. It also provides detailed information on how an employee can file an FMLA complaint with the WHD if they believe their FMLA rights have been violated.

WHD hosted a webinar on June 27, 2012 that walked through the basic provisions of the FMLA using the new Employee Guide and answered the publicís general FMLA questions. View the Archived Webinar.


How to Get the FMLA Employee Guide

Download PDF Employee Guide Download the FMLA Employee Guide (English) in PDF format

Download PDF Employee Guide in Spanish Download the FMLA Employee Guide (Spanish) in PDF format

Order Printed Employee Guide Order printed copies of the FMLA Employee Guide


In addition to being available for download here, all WHD District and Regional Offices will have copies of the Guide available in booklet format. They will also be distributed at various WHD outreach events throughout the country.


Link to This Guide

To link to the FMLA Employee Guide, copy the code below and paste it into your website or blog where you'd like it to appear: