A flow chart titled, “The FMLA Leave Process” - Described below

 

 

 

Graphic Description

  • Step 1: You must notify your employer when you know you need leave.
  • Step 2: Your employer must notify you whether you are eligible for FMLA leave within five business days. If their notification indicates that you are not eligible, then your leave is not FMLA-protected. (You may request leave again in the future. Employee eligibility can change.) If their notification indicates that you are eligible, then your employer must provide you with your FMLA rights and responsibilities, as well as any request for certification. If they request a certification, move on to step 3. If they do not request a certification, move on to step 4.
  • Step 3: Provide a completed certification to your employer.
  • Step 4: Your employer must notify you whether your leave has been designated as FMLA within five business days. If your leave has not been designated as FMLA leave, then it is not FMLA-protected. (You may request leave again in the future.) If your leave has been designated as FMLA leave, move on to steps 5 and 6.
  • Step 5: Your leave is FMLA-protected.
  • Step 6: When you return to work, your employer must return you to your same or nearly identical job.