How do I use FMLA leave to care for my child?

The Family and Medical Leave Act (FMLA) lets certain employees take 12 weeks of unpaid leave per year to care for themselves or an immediate family member with a “serious health condition” or disability, to care for a newborn baby, or to care for a child newly placed in foster or adoptive care.

To use FMLA leave, first make sure you are eligible. You must work for a local, state, or federal government agency or an employer with more than 50 employees. You must also have worked for your employer for at least a year. If you’re not sure whether you qualify, try using this flow chart.

If you are eligible, you can use FMLA leave to care for your child with a disability, such as to provide care at home, to take them to appointments, or to attend an IEP meeting. To use your leave, provide 30 days' notice to your employer if possible. Follow your employer’s normal routine for providing notice, whether that’s filling out a form with HR, calling a supervisor, or requesting time off on the company calendar, and indicate the reason for your request so that your employer knows it is protected by the FMLA.

Your employer is allowed to ask for a doctor’s note and to require that you use any paid time off first (such as sick leave or vacation days). As long as you are eligible to take FMLA leave, an employer is not allowed to deny your request for time off.

For more information, see our full article How Do Working Parents of Kids with Disabilities Take Time Off for Caregiving? You can also follow our step-by-step walkthrough.