The Family and Medical Leave Act is one of the most frequently violated employment laws — not because employers intentionally deny leave, but because FMLA has strict procedural requirements that most small business owners don't know about. A proper FMLA request triggers a chain of required notices and timelines. Miss any of them and you're liable even if you granted the leave.

This guide covers FMLA requirements for small businesses in 2025: who's covered, what leave is protected, and the procedures you must follow.

Does FMLA Apply to Your Business?

FMLA applies to:

  • Covered employers: Private-sector employers with 50 or more employees within 75 miles of the worksite for 20 or more workweeks in the current or preceding calendar year
  • Eligible employees: Employees who have worked for the employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has 50+ employees within 75 miles
State FMLA laws may cover smaller employers. California, Oregon, Washington, New York, New Jersey, Connecticut, and several other states have family leave laws that apply to employers with fewer than 50 employees. Check your state's laws — you may be covered even if federal FMLA doesn't apply.

What Qualifies for FMLA Leave?

Eligible employees may take up to 12 weeks of unpaid, job-protected leave per year for:

  • The birth, adoption, or foster placement of a child (within the first year)
  • A serious health condition that makes the employee unable to perform essential job functions
  • Caring for a spouse, child, or parent with a serious health condition
  • A qualifying exigency arising from a family member's military service

Up to 26 weeks of leave is available to care for a covered servicemember with a serious injury or illness.

What is a "Serious Health Condition"?

This is more nuanced than it sounds. A serious health condition requires inpatient care OR continuing treatment by a healthcare provider that involves:

  • A period of incapacity of more than 3 consecutive calendar days plus ongoing treatment
  • A chronic condition requiring periodic treatment
  • Permanent or long-term incapacity
  • Conditions requiring multiple treatments

A common cold is not a serious health condition. Cancer, diabetes, heart disease, back conditions requiring multiple treatments, and mental health conditions treated by a healthcare provider typically are.

The FMLA Process: Required Steps

This is where most employers get in trouble. FMLA has specific notice and designation requirements with strict deadlines:

FMLA Process Checklist

Required
Step 1: Post the FMLA notice and include it in your handbook

All covered employers must post the DOL's FMLA notice where employees can see it. It must also be included in any employee handbook or policy manual.

Step 2: Recognize when FMLA may apply — even without a formal request

This is critical: you must provide FMLA notice when you have enough information to determine the leave may qualify, even if the employee doesn't mention FMLA by name. "I need surgery" is enough to trigger your obligations.

Step 3: Send Notice of Eligibility within 5 business days

When you learn of a potentially FMLA-qualifying leave, you must notify the employee of their eligibility (or ineligibility) within 5 business days. Use DOL Form WH-381.

Step 4: Request medical certification (within 15 calendar days)

You may — but are not required to — request medical certification. If you request it, the employee has 15 calendar days to provide it. Use DOL Form WH-380-E or WH-380-F. You cannot contact the healthcare provider directly.

Step 5: Provide Rights and Responsibilities notice

Along with the eligibility notice, you must provide a Rights and Responsibilities notice explaining what the employee must do during the leave (status updates, fitness for duty certification, etc.). Use DOL Form WH-381.

Step 6: Designate the leave within 5 business days of receiving sufficient information

Once you have enough information to determine the leave qualifies, you must designate it as FMLA leave and notify the employee in writing within 5 business days. Use DOL Form WH-382. You cannot retroactively change the designation.

Step 7: Maintain health benefits during leave

You must continue group health insurance coverage under the same terms as if the employee hadn't taken leave. Employee must continue to pay their portion of premiums.

Step 8: Restore employee to same or equivalent position

Upon return from FMLA, the employee must be restored to their same position or an equivalent one (same pay, benefits, terms, conditions, and privileges of employment).

Intermittent FMLA Leave

Employees may take FMLA in blocks as small as one hour for a chronic condition. This is the hardest type to manage. An employee with migraines, diabetes, or a mental health condition may be legitimately absent for single days or partial days throughout the year — and those absences are FMLA-protected.

Best practices for managing intermittent leave:

  • Require medical certification upfront confirming the need for intermittent leave
  • Track each day of intermittent leave against the employee's 12-week entitlement
  • You may require employees to follow your normal call-out procedures for foreseeable absences
  • You may temporarily transfer an intermittent leave employee to an equivalent alternative position that better accommodates the recurring leave
Use the DOL's free FMLA forms. The Department of Labor provides all required FMLA notices and certification forms at dol.gov/agencies/whd/fmla/forms. Using the official forms ensures you've met the content requirements.