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FMLA Notice and Certification Deadlines for Employers
Use the free tool — FMLA Eligibility & Request Letter
Why these deadlines matter
The Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and its regulations (29 CFR Part 825) set out timelines that run once an employee's written request starts the process. Missing them can create problems for an employer, and getting them right protects both sides. This page explains the deadlines in plain language. It is not legal advice.
The three eligibility tests come first
Before any deadline starts, an employer needs to know whether the employee is even eligible. The law uses three tests:
- 12 months with the employer
- 1,250 hours worked in the last 12 months
- 50 or more employees within 75 miles
Hours are counted from the employer's own records, so those records are what control the answer — not an estimate.
The employer's 5-day deadlines
Once an employee's written request comes in, the employer has 5-day deadlines to respond, including sending the eligibility notice. These are the deadlines the tool computes and lays out once a request letter starts the clock.
Employee notice and the medical certification timeline
Employees are generally expected to give 30 days' notice, or as soon as practicable if the need is not foreseeable. The certification form and its timeline are also set out under 29 CFR Part 825. The tool shows both — the notice window and the certification timeline — from the numbers and dates entered.
What Florida adds
Nothing extra by state law. Florida has no state family or medical leave statute for private employers. Some employers choose to offer more than FMLA requires through their own policy — check the employee handbook for that.
What to do next
The free FMLA Eligibility & Request Letter tool reads the dates, hours, and company-size numbers you type in and computes the three eligibility tests, the notice deadlines, and the certification timeline for you — in English or Spanish. It also drafts the written request letter that starts the clock. It is not legal advice, and it can't see payroll records — ask the employer for the hours on file. For a denial or retaliation issue, the U.S. DOL Wage and Hour Division (1-866-487-9243) is free to call.
FMLA Eligibility & Request Letter is an informational tool based on the Family and Medical Leave Act (29 U.S.C. 2601 et seq.) and 29 CFR Part 825 as of 2025–26. It is not legal advice and does not file requests. Eligibility depends on employer records; the employer's written eligibility notice controls. Florida has no state family/medical leave statute for private employers. It is not affiliated with any employer or agency.