Employer FMLA Leave Eligibility Checklist

In addition to posting general notice and educating employees on the ins and outs of FMLA, employers must be prepared for when a member of their team inevitably requests leave.

  • Follow the checklist below, or download our FREE infographic, to ensure you’re meeting all of your requirements under the Family and Medical Leave Act.

  • Determine if the employee is eligible for FMLA. Assuming they are, let them know their scheduled leave qualifies immediately.

  • Provide a Notice of Eligibility and Rights & Responsibilities to the employee.

  • Determine if a medical certification is needed. If one is needed, let the employee know immediately.

  • Determine if the leave request is for an FMLA‑qualifying reason.

  • Grant or deny the leave request and provide a Designation Notice to the employee.

  • Maintain health benefits for the duration of the leave.

  • Restore the employee to the same or an equivalent position upon their return.

  • Keep detailed notes and maintain records properly.

checklist
Laptop showing Reference Hub

Find the Compliance Answers You Need in the NEW REFERENCE HUB

Easy-to-use research tools all in one place

Reference Hub allows you to look up information about employee leave – and other compliance topics – from one centralized platform. Features include:

  • Topic search
  • Compare state and federal requirements
  • Expert help
  • Content preferences (based on job roles, geographic locations, etc.)
  • And more
GET STARTED FOR FREE
Two diverse businesswomen working together on a digital tablet and laptop in an office

With LEAVE MANAGER, You Can:

  • Avoid litigation, violations, and fines that accompany non-compliance

  • Get a cost-effective leave management system with a user-friendly, cloud-based solution

  • Take the guesswork out of the FMLA and other types of leave with intermittent, continuous, and reduced schedule leave tracking

  • Identify leave trends and abuse with comprehensive reporting

  • Get answers to compliance questions with ongoing access to trusted experts