How to Handle an Employee’s Leave Request, Step by Step

How to Handle an Employee’s Leave Request, Step by Step

Updated October 2026

General HR information, not legal advice. Laws vary by state. See our Disclaimer.

An employee tells you they need time off for surgery, a new baby or a sick parent. What you do in the next few days matters. Several federal deadlines can start the moment you learn the leave might qualify, and the employee doesn’t have to use the right legal words to trigger them.

This guide walks you through how to handle an employee leave request from the first conversation to the return to work: which laws to check, the notices and their deadlines, certification, accommodations and planning the return.

The short answer: Write down the request, figure out which laws and policies could apply, send the required notices on time, request certification if you need it, designate the leave in writing, and plan the return. Keep medical information confidential throughout.

Step 1: Acknowledge and Document the Request

Thank the employee, listen and take notes. Record:

• The date you learned of the need for leave.
• What they said. The reason as they described it, not your interpretation.
• Expected timing. Start date, how long, and whether it’s continuous or on and off (intermittent).

The employee doesn’t need to say “FMLA” or “accommodation.” Under the Family and Medical Leave Act (FMLA), your obligations can begin once you have enough information to know the leave may qualify. If you’re unsure, ask follow-up questions about the reason and timing. Don’t ask for a diagnosis.

Step 2: Identify Which Laws and Policies Could Apply

One leave request can fall under several rules at once. Check each:

• FMLA: unpaid, job-protected leave for eligible employees of covered employers (Step 3).
• State family and medical leave laws: some cover smaller employers or more reasons than the FMLA.
• State paid family and medical leave programs: a growing number of states have them, usually funded through payroll contributions.
• State and local paid sick leave laws.
• The Americans with Disabilities Act (ADA): leave can be a reasonable accommodation for employers with 15 or more employees (Step 6).
• The Pregnant Workers Fairness Act (PWFA): accommodations for pregnancy-related limitations, also for employers with 15 or more employees.
• Military leave (USERRA), if the leave is for military service.
• Workers’ compensation, if the condition is work-related.
• Your own policies: PTO, short-term disability and any leave of absence policy.

Your state labor department’s website is the best place to check state leave laws.

Step 3: Check FMLA Coverage and Eligibility

According to the Department of Labor, the FMLA covers:

• Private employers with 50 or more employees in 20 or more workweeks in the current or prior calendar year.
• Public agencies and schools, regardless of size.

An employee is eligible if they have:

• Worked for you for at least 12 months (they don’t need to be consecutive);
• Worked at least 1,250 hours in the 12 months before leave starts; and
• Worked at a location where you have 50 or more employees within 75 miles.

Eligible employees can take up to 12 workweeks of leave in a 12-month period for:

• the birth of a child or placement of a child for adoption or foster care;
• their own serious health condition;
• caring for a spouse, child or parent with a serious health condition; or
• certain needs related to a family member’s military deployment.

Leave to care for a seriously ill or injured servicemember can be up to 26 workweeks.

Step 4: Send the FMLA Notices on Time

If you’re covered by the FMLA, two notices are due within five business days of the employee’s request, or of when you learn the leave may qualify:

1. Eligibility notice: tells the employee whether they’re eligible, and if not, at least one reason why.
2. Rights and responsibilities notice: explains what’s expected of them, including any certification requirement and the consequences of not providing it.

The Department of Labor’s Form WH-381 covers both. You’ll find it, and every form below, on the DOL’s FMLA forms page.

Step 5: Request Certification (If You Require It)

You can ask for medical certification to support the leave. Use the DOL forms or your own version:

• WH-380-E: the employee’s own serious health condition
• WH-380-F: a family member’s serious health condition
• WH-384 and WH-385: military family leave

According to the DOL’s certification guidance:

• The employee generally has 15 calendar days to return the certification.
• If it’s incomplete or unclear, tell them in writing what’s missing. They then generally have seven calendar days to fix it.
• HR or a leave administrator may contact the health care provider to authenticate or clarify the form, but the employee’s direct supervisor may never contact the provider.

Step 6: Consider Accommodations Too

FMLA isn’t the only question. Even if the employee isn’t FMLA-eligible, or has used all their FMLA leave, you may need to consider leave or other changes as an accommodation:

• Under the ADA, the EEOC says employers must consider unpaid leave as a reasonable accommodation for an employee with a disability, unless it would cause undue hardship. That guidance also says to start an “interactive process”: a conversation about what the employee needs, for how long, and what options might work.
• Under the PWFA, the EEOC says leave can be an accommodation. However, an employer can’t require an employee to take leave if another reasonable accommodation would let them keep working.

Be careful with rigid “maximum leave” or “100% healed before returning” policies. The EEOC has warned that they can conflict with the ADA.

Step 7: Designate the Leave in Writing

Once you have enough information to decide whether the leave qualifies under the FMLA, send a designation notice (Form WH-382) within five business days. It tells the employee:

• whether the leave is FMLA-protected;
• whether you’ll require them to use paid leave at the same time;
• whether you’ll need a fitness-for-duty certification before they return; and
• how much leave will count against their 12 weeks, if you know.

Step 8: Handle Pay, Benefits and Tracking

• Health insurance: under the FMLA, you must maintain group health coverage on the same terms as if the employee were working. Arrange how they’ll pay their share while they’re out.
• Paid leave: decide, consistent with your policy, whether employees use PTO at the same time as FMLA leave. Coordinate with any state paid leave benefits.
• Tracking: record every hour or day of leave, especially for intermittent leave, and know how your organization measures the 12-month period.

Step 9: Stay in Touch and Plan the Return

• Check in reasonably, such as before the expected return date. Don’t contact them so often that it feels like pressure to come back early.
• Fitness-for-duty certification: request one only if you listed it in the designation notice.
• Restoration: under the FMLA, the employee returns to the same or an equivalent job, with equivalent pay, benefits and other terms.
• Accommodations: if the employee comes back with restrictions, return to the ADA or PWFA conversation.

Step 10: Keep It Confidential and Keep Records

Store medical information separately from the regular personnel file, and share it only with people who need to know. Keep your FMLA records (notices, certifications, leave tracking) for at least three years.

Employee Leave Request Timeline at a Glance

Step	Form	Deadline
Eligibility notice	WH-381	Within 5 business days of the request or learning leave may qualify
Rights and responsibilities notice	WH-381	At the same time as the eligibility notice
Employee returns certification	WH-380-E or WH-380-F	Generally within 15 calendar days of your request
Employee fixes incomplete certification	—	Generally within 7 calendar days of your written notice
Designation notice	WH-382	Within 5 business days of having enough information
Employee notice of foreseeable leave	—	At least 30 days ahead, or as soon as practicable

Common Leave Request Mistakes

• Waiting for the employee to say “FMLA.” Your clock can start without it.
• Missing the five-day notice deadline. Put it on your calendar the day the request comes in.
• Letting a supervisor handle the medical details. Route certifications through HR only.
• Stopping at “not FMLA-eligible.” The ADA, PWFA or state law may still apply.
• Counting leave against the employee in attendance points or performance reviews when it’s protected.

Frequently Asked Questions

Does an employee have to say “FMLA” to request FMLA leave?

No. An employee only needs to give enough information for you to know the leave may qualify, such as needing time off for surgery or to care for a seriously ill parent. Once you know that, your notice obligations can begin.

How many days do I have to respond to a leave request?

If you’re covered by the FMLA, the eligibility notice and the rights and responsibilities notice are generally due within five business days of the request, or of learning the leave may qualify. The designation notice is due within five business days of having enough information to decide.

How long does an employee have to return FMLA certification?

Generally 15 calendar days after you request it. If it’s incomplete or unclear, you must tell the employee in writing what’s missing, and they generally have seven calendar days to fix it.

What if the employee isn’t eligible for FMLA leave?

Check other rules. State leave laws, paid leave programs, paid sick leave laws, the ADA, the PWFA and your own policies may still provide leave or job protection.

Can a supervisor call the employee’s doctor?

No. The employee’s direct supervisor may never contact the health care provider. HR, a leave administrator or another health care provider may contact the provider only to authenticate or clarify the certification.

Can I require employees to use PTO during FMLA leave?

The FMLA generally allows employers to require that paid leave run at the same time as FMLA leave, if that’s your policy and you tell the employee in the designation notice. State paid leave rules can affect this, so check your state.

Bottom line: A consistent process protects both the employee and your organization. Document the request, check every law that might apply, and send the FMLA notices within five business days. Keep medical details confidential and plan the return before it happens.

Worth keeping? Print this guide and add it to your HR binder.

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Disclaimer

This guide provides general HR information for educational purposes only. It is not legal advice and does not create an attorney-client or other professional relationship. Employment laws vary by state and locality, so review your situation with an employment attorney or your state agency before acting. See our Disclaimer and Terms of Use.