Family & Medical Leave Act (FMLA)

Consider the following steps when negotiating for FMLA leave:

Step 1. Think about how much time off you will need. 

Step 2. Pull together information to support your request. Include at least the name and contact information for a person authorized under the FMLA to certify the need. When requesting confirmation from an FMLA authorized professional, keep in mind that under the FMLA, an employer can ask for:

• Name, address, and phone number of a health care provider.
• The provider's type of practice (if the person is an oncologist, it discloses that the patient has cancer)
• The health condition
  • What it is with sufficient detail to support the need for FMLA leave
  • Approximate date the health condition began
  • Esimtate about how long the condition will last

Let the person know the reason for the letter so the content reflects the need. For instance, it is not helpful for a doctor to say "the patient is doing great" when s/he is referring to a response to a treatment rather than the health condition.

Step 3. Decide what you do and do not want to tell your employer.

• If you haven't disclosed your health condition, this may be the time to do it. (If not, choose a person to certify your need for time off that is not likely to raise quetions about a serious health condition.) For information about disclosing your health condition to your employer, click here. To co-workers, click here.
• Be sure to let your employer know that health conditions are fluid. Each of us are individuals and there is no telling what will happen from day-to-day. 
• If additional time off is ultimately required, let the employer know as soon as possible - with a minimum of the amount of notice required by your employer.

Step 4. Decide who to ask.

• Is there someone in HR or management more friendly to requests like yours?
• Keep in mind that people on the front line do not usually have as much authority to give you what you need as a person in supervisory position.

Step 5. Decide how to negotiate.

• Think of the negotiation as friendly - not adversarial. 
• While understanding your needs, also keep the employer's needs in mind.
• If you need somet hing out side the norm and do not  t hink of yourself as a good negotiator, perhaps a friend at  work or a supervisor can make the request for you.

Step 6. Confirm the resulting agreement in writing.

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