How much FMLA leave am I entitled to?

Up to 12 workweeks of unpaid leave in a 12-month period for most qualifying reasons. Military caregiver leave allows up to 26 workweeks. 29 U.S.C. § 2612(a). The leave can be taken as a continuous block, intermittently, or on a reduced-schedule basis.

Does my employer have to keep my job while I'm on FMLA?

Yes. You are entitled to be restored to the same position you held before the leave, or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. 29 U.S.C. § 2614(a). Failure to restore you is a separate FMLA violation.

Can my employer fire me for taking FMLA leave?

No. 29 U.S.C. § 2615 prohibits any employer from interfering with, restraining, or denying the exercise of FMLA rights, and from retaliating against an employee for taking FMLA leave. Retaliation claims are the most commonly litigated FMLA violation.

How quickly must my employer respond to my FMLA request?

Within 5 business days of the request (or within 5 business days of obtaining sufficient information to make an eligibility determination). The employer must provide both an eligibility notice and a rights-and-responsibilities notice. 29 CFR § 825.300.

What happens to my health insurance while I'm on FMLA?

Your employer must maintain your group health plan coverage under the same terms and conditions as if you had not taken leave. 29 U.S.C. § 2614(c). If you do not return from leave, the employer may recover its premium contributions, subject to exceptions for medical reasons.

Federal benefits hubFMLA § 2612 leave request

Put your employer on written notice of your FMLA leave.

The Family and Medical Leave Act gives eligible employees the right to 12 weeks of unpaid, job-protected leave per year. But you must put your employer on written notice — oral requests are easily denied and hard to prove. This wizard builds a formal FMLA request citing 29 U.S.C. §§ 2612–2615 and 29 CFR § 825.300 that demands a written eligibility determination within 5 business days and invokes anti-retaliation protections from the moment you send it.

About you

FMLA covers employees who have worked for a covered employer (50+ employees within 75 miles) for at least 12 months and at least 1,250 hours in the past 12-month period. 29 U.S.C. § 2611(2).

Your full legal name

Your mailing address

Email (optional)

Phone (optional)

Employment start date

Average hours worked per week

Why a written request matters

Employers routinely mishandle FMLA requests — they require more information than the law allows, set illegal conditions on approval, or simply ignore the request and discipline the employee for absence. A formal written request creates a contemporaneous record that is difficult to explain away in litigation.

The anti-retaliation provision at 29 U.S.C. § 2615 attaches the moment you put the employer on notice that you may need FMLA leave — not after the leave is approved. Courts have repeatedly held that adverse action taken after a written FMLA request creates a strong inference of retaliation.

Send the letter certified mail with return receipt and keep a copy. The 5-business-day response clock runs from the employer's receipt — the certified-mail card establishes that date.

Not legal advice. SynthCounsel is not a law firm. FMLA eligibility and qualifying reason determinations are fact-specific. If your employer denies leave or retaliates, consult an employment attorney — FMLA claims have a 2-year statute of limitations (3 years for willful violations) under 29 U.S.C. § 2617(c).