FMLA Policy

The United States Department of Labor, Wage and Hour Division has created a federal program called Family Medical Leave Act. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

Eligibility of FMLA provides employees with up to 12 weeks of unpaid leave each year for any of the following reasons:

  1. Birth and care of a newborn child of the employee
  2. Placement with the employee of a child for adoption or foster
  3. Caregiver for an immediate family member (spouse, child, parent) with a serious health condition
  4. Medical Leave when the employee is unable to work due to a serious health condition
  5. Provisions for Military Leave

Please refer to the specifications from the DOL Wage and Hour Division for more detailed information regarding the FMLA at

  • FMLA will be the responsibility of this office only if the provider is the Physician treating the illness or condition for which FMLA is required. The Department of Labor (FMLA) has no jurisdiction if the Doctor denies the FMLA application.
  • FMLA will not be provided for the care of a family member unless you are the primary caregiver and cannot work as a direct result of being that caregiver.
  • FMLA will not be provided for medical issues proactively. FMLA will only be issued in the event there is a current serious medical issue; FMLA may be retroacted as noted in the US Department of Labor form WH-381 page 2.
  • FMLA will not be provided for medical issues until there is a known need for follow up or continued treatment that would require a patient to use more time than the patient is given as their “fringe benefits” for sick/personal time.
  • FMLA will not be provided for conditions that prohibit work if the patient does not follow up with continued treatments as necessary. Non-compliance will terminate any/all FMLA applications. Patients may be requested to have an appointment with their provider to discuss, start or continue the FMLA application process.