FMLA Compliance Guide for 2025 [With Checklist]

Who FMLA Covers and When It Applies

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave over the course of a 12-month period. It applies when an employee needs time off for specific medical or family reasons, like a serious health condition, childbirth, or caring for a spouse or parent.

FMLA coverage depends on two factors: whether the business qualifies under the law and whether the employee meets the eligibility rules.

When an Employer Is Covered By FMLA

FMLA applies to private businesses that had 50 or more employees on payroll during at least 20 workweeks in the current calendar year or the one before. The workweeks do not need to be consecutive. That coverage stays in place through the next calendar year. However, if staffing levels fall below 50 and remain there for two full years, the employer is no longer bound by FMLA.

FMLA always applies to public employers, including federal, state, and local government agencies, as well as public elementary and secondary schools. Employee headcount does not affect coverage for those entities.

Related Employer Rules: Integrated and Joint Coverage

FMLA may apply even when an employer has fewer than 50 employees on its own. If two or more businesses share common management, operations, or control over employment conditions, they may be treated as a single employer under the integrated employer or joint employer rules. This analysis commonly applies to parent companies, affiliated entities, and staffing or franchise relationships. Employers who are unsure whether these rules apply should seek legal advice before assuming FMLA does not apply.

Employee Eligibility Requirements

An employee is eligible for FMLA leave only if all three of the following conditions are met:

Twelve months of total employment with the organization, which do not need to be consecutive. Prior service counts unless the break lasted seven years or more, with exceptions for military service or a written agreement to preserve employment status
At least 1,250 hours of actual work performed during the 12 months before the start of leave; paid time off, unpaid leave, holidays, and other non-working hours do not count
A worksite with 50 or more employees within 75 surface miles, measured by public road distance rather than straight-line distance

Eligibility for remote workers depends on reporting structure and assignment location. That topic is addressed later in this guide.

Initial Employer Responsibilities Under FMLA

What Triggers Employer Action Under FMLA

FMLA compliance begins the moment an employer has enough information to reasonably believe that an employee’s time off request may qualify for protected leave. Examples of qualifying information include time off for surgery, inpatient care, prenatal visits, ongoing treatment for a chronic condition, or time away to care for a seriously ill family member. A simple statement like “I need time off for surgery” or “I have to care for my mother who’s in the hospital” is enough to trigger the next steps.

Notice of Rights and Responsibilities

Once an employer has enough information to believe that FMLA could potentially be in play, it has five business days to issue a written notice that explains the employee’s rights and responsibilities. FMLA mandates that a written notice include whether the employee meets the basic requirements of FMLA. It details how the leave will be tracked, whether certification is required, whether paid time off will be applied, and what will happen if deadlines are missed. The Department of Labor provides a model form called WH-381, but employers can use their own version as long as it includes all the required information.

If the employee is not eligible for protected leave, the notice needs to clearly state the reason. Common reasons include insufficient hours worked in the past 12 months, or a worksite that falls outside the 75-mile radius.

Aside from confirming that the employee meets the basic eligibility requirements, and issuing the required written notice, the employer has no further obligations until there is enough information to determine whether the reason for leave actually qualifies for FMLA protection.

Handling Certifications the Right Way

Once an employer has confirmed an employee’s eligibility and provided the required notice, the next step is requesting documentation that supports the reason for leave. FMLA allows employers to require medical certification, but strict rules dictate how and when that request can be made.

Requesting Certification from the Employee

Employers have the right to request certification when an employee takes leave for a serious health condition affecting themselves or a qualifying family member. Employers can also require certification when the leave is to care for a servicemember with a serious injury or illness. The request needs to be in writing and give the employee at least 15 calendar days to submit a completed medical certification that supports the need for leave.

The certification should come from a healthcare provider and explain the medical condition, the expected length of time away from work, and whether the employee will need full days off or an intermittent schedule. Employers may use the Department of Labor’s WH-380 forms or create their own version, as long as the content stays within the limits set by FMLA and complies with privacy rules.

Dealing with Certification Problems

Employees sometimes submit certifications that leave out key information, such as how long the condition will last or whether the employee is unable to perform specific job duties. When that happens, the employer needs to provide a written explanation of what is missing and give the employee at least seven calendar days to submit a corrected version.

When a certification remains incomplete after the employee has been given a chance to correct it, the employer can seek clarification or confirm that the healthcare provider completed the form, but only under limited conditions. The employee needs to provide written permission, and only a human resources professional or designated leave administrator can contact the provider. Managers and direct supervisors are not permitted to make contact under any circumstance.

State Programs That Affect Employer FMLA Responsibilities

Several states have enacted their own family and medical leave laws that supplement or run alongside the federal FMLA. When both the federal law and a state law apply, employers need to coordinate the requirements to avoid extended absences, inconsistent policies, or unpaid leave miscalculations.

Key Differences Across States

State family and medical leave laws tend to expand protections beyond what FMLA provides. Some states apply their laws to smaller employers or recognize additional family relationships when determining eligibility. Oregon and New Jersey, for example, allow employees to take leave to care for siblings, grandparents, in-laws, or domestic partners—relationships not covered by FMLA.

Key differences across state laws may include:

Who qualifies for leave (e.g., smaller employers or part-time employees)
Which family relationships are covered
How much notice an employee needs to provide
How medical documentation is handled
The total amount of job-protected leave available

Employers that apply the same leave policy across all locations may fail to meet more protective state-level requirements. Each policy should reflect the rules that apply in the employee’s actual work location, and not just the federal minimums.

Paid Leave Benefits and Coordination with Federal Law

As of 2025, thirteen states and the District of Columbia have implemented mandatory paid family and medical leave programs. Employees in participating states may receive partial wage replacement while on leave for approved health or family-related reasons. The availability of paid benefits does not replace FMLA protections, but both may apply during the same absence.

If a state program pays a portion of the employee’s wages during leave, the employer may need to change how paid time off is handled. In California, for example, state law prohibits employers from forcing employees to use vacation time while they are receiving benefits through the state’s paid family leave program. Employers that apply PTO without checking state-specific rules risk violating wage laws, undermining their own leave policies, and triggering disputes over pay that could have been avoided with proper coordination.

Situations That Require Extra Attention

Some FMLA leave requests are more difficult to administer than others. Intermittent absences, mental health conditions, and remote work situations tend to trigger more questions about eligibility, documentation, or how leave should be tracked.

Intermittent Leave

FMLA permits eligible employees to take leave in separate blocks of time rather than in one continuous period. Intermittent leave is commonly used for chronic conditions, ongoing treatment, or flare-ups that prevent consistent attendance. The law protects this type of leave, but it can be difficult to manage without clear documentation and consistent tracking.

To manage intermittent leave properly, employers should:

Review the medical certification to make sure it explains why intermittent time off is needed.
Track each absence and apply it to the employee’s 12-week FMLA allowance.
Compare each time-off request to the details in the certification, including frequency and duration.
Ask for clarification if important information is missing, using the steps FMLA allows for follow-up.

Tracking intermittent leave tends to break down when absences are brief, unpredictable, or reported without formal notice. When an employer fails to designate qualifying absences as FMLA-covered, those absences may be labeled as unexcused. Mislabeling protected leave in this way can lead to discipline or termination and open the door to interference claims under FMLA.

Mental Health Leave

FMLA covers mental health conditions when the employee receives inpatient care, ongoing treatment, or is unable to perform key job duties because of the condition. Qualifying diagnoses may include anxiety, depression, PTSD, or similar disorders. Certifications related to mental health sometimes lack specific information about how the condition affects job performance or why leave is needed. Employers should evaluate the documentation based on FMLA standards, not on how the employee appears at work. If key details are missing, the employer can request clarification through the standard process.

Remote and Hybrid Employees

FMLA eligibility for remote and hybrid workers is determined based on the location they report to—not where they live or physically work. The 50-employee, 75-mile rule applies to the assigned worksite, which is defined by where the employee receives assignments, supervision, or HR support.

According to updated guidance from the Department of Labor, this analysis applies even when the employee never visits the worksite in person. Employers should not assume that remote employees are exempt from FMLA based solely on geographic distance from an office.

FMLA Compliance Checklist for Employers

Employers should use the checklist below to review current FMLA procedures and identify areas that need attention. The list focuses on the most frequent compliance issues that lead to disputes, inconsistent leave decisions, or legal exposure.

Employee Eligibility and Initial Response

Confirm whether the employee meets the 12-month and 1,250-hour eligibility thresholds.
Identify the correct worksite and apply the 75-mile, 50-employee rule accurately.
Determine whether the leave request may qualify for FMLA based on the information provided.
Provide a written notice of rights and responsibilities within five business days of learning that FMLA may apply.
Inform the employee if medical certification is required and set a clear deadline.

Certification and Designation

Review the medical certification for completeness, including duration and frequency if intermittent leave applies
Request clarification or authentication only when permitted and through the proper process
Issue the designation notice within five business days of receiving sufficient information to confirm FMLA coverage; this notice confirms whether the leave counts against the employee’s 12-week entitlement
Coordinate PTO policies with FMLA and any applicable state leave laws

Leave Tracking and Documentation

Track all qualifying absences accurately against the 12-week entitlement.
Keep records of notices, certifications, responses, and leave designations.
Store medical records separately from personnel files with access limited to authorized staff.

Oversight and Policy Application

Apply FMLA policies consistently across departments, locations, and leave types
Audit leave records periodically to confirm compliance with federal and state requirements.
Train supervisors to recognize FMLA-qualifying situations and escalate them appropriately.
Make sure managers and HR personnel understand that individual liability for FMLA violations is possible under federal law, depending on their level of control over leave decisions.

What Happens After FMLA Ends

In some cases, an employee’s serious health condition may also qualify as a disability under the Americans with Disabilities Act (ADA). If FMLA leave is exhausted, the employer may still be required to provide additional unpaid leave as a reasonable accommodation, unless doing so would create an undue hardship. Employers should evaluate post-FMLA leave decisions carefully and consider both laws before denying further time off or moving forward with termination.

Before taking any action, employers should also issue a clear and legally sound FMLA exhaustion letter. For guidance on what to include, see FMLA Exhaustion Letters: A Guide for Employers.

Don’t Wait Until There’s a Problem

Employers that misapply FMLA rules risk legal claims, compliance investigations, and employee disputes. When the rules are unclear or the facts are incomplete, legal guidance can prevent a small issue from turning into a costly problem.

Conn Maciel Carey’s national Labor & Employment Practice Group works with employers to resolve FMLA questions, update policies, and defend against leave-related claims. Contact our team at (202) 715-6244 or by email to protect your organization and make informed decisions.

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.