Federal

How to get fmla paperwork filled out

January 6, 2026federal-laws

How to Get FMLA Paperwork Filled Out (Fast, Correctly, and Compliance-Ready)

If you’re searching for how to get FMLA paperwork filled out, you likely need two things: (1) a complete medical certification from a healthcare provider and (2) an employer process that meets federal compliance timelines. This guide walks HR teams and business owners through the easiest way to get FMLA forms completed accurately—plus what to do when leave is intermittent, incomplete, or overlaps with ADA or state leave rules.

FMLA Paperwork Basics: What Must Be “Filled Out” (and by Whom)

Under the federal Family and Medical Leave Act (FMLA) and its implementing regulations (generally 29 CFR Part 825), most “paperwork” falls into two buckets:

  1. Employer notices and designation documents (HR completes)
  2. Medical certification (employee’s healthcare provider completes)

Key documents in a typical FMLA file

  • Eligibility Notice and Rights & Responsibilities Notice (employer-issued)
  • Medical Certification (provider-completed, employee submits)
  • Designation Notice approving/denying leave (employer-issued)

For broader compliance context about employee entitlements, see SwiftSDS’s overview of 5 rights of workers.

Step-by-Step: How to Get FMLA Paperwork Filled Out

1) Confirm the employee is potentially eligible (before chasing certification)

Before asking a doctor for forms, verify FMLA coverage/eligibility basics:

  • Employer is a covered employer (generally 50+ employees within 75 miles)
  • Employee has 12 months of employment (need not be consecutive in all cases)
  • Employee has 1,250 hours worked in the prior 12 months
  • Leave reason is FMLA-qualifying (employee’s serious health condition, family member care, bonding, qualifying exigency, military caregiver)

If you’re dealing with non-traditional work arrangements, read are contractors eligible for fmla to avoid misclassification and eligibility errors.

2) Provide the right form and clear instructions to the employee

The easiest way to get FMLA paperwork completed is to give the employee:

  • The correct certification form (for employee’s condition vs. family member care)
  • A one-page instruction sheet on what the provider must answer
  • The return deadline (see next step)

Compliance note: Under 29 CFR § 825.305, an employer must allow the employee at least 15 calendar days to return a complete and sufficient medical certification (absent special circumstances).

3) Set—and track—the certification deadline (15 days)

Create a simple workflow:

  • Day 0: Employee requests leave or employer learns leave may be FMLA-qualifying
  • Day 0–5 business days: Provide required notices (eligibility + rights/responsibilities)
  • Day 15 calendar days: Certification due
  • If incomplete/insufficient: provide written notice and allow 7 additional calendar days to cure deficiencies (29 CFR § 825.305(c))

4) Help the employee get medical leave from a doctor without coaching the diagnosis

A common question is how to get medical leave from doctor offices that are busy and form-averse. HR can’t direct medical conclusions, but you can reduce friction:

Actionable tips:

  • Encourage the employee to schedule a dedicated appointment (telehealth may work)
  • Ask the employee to provide the provider’s office with:
    • The certification form in advance
    • A short cover note: job duties, schedule, physical demands, and essential functions
  • Remind the employee the provider must address:
    • Condition duration/prognosis (estimated)
    • Need for leave and frequency (for intermittent/reduced schedule)
    • Work restrictions/limitations (as applicable)

Important: HR should not request genetic information (GINA) and should keep medical documents confidential and separate from personnel files.

Intermittent FMLA: How to Fill Out FMLA Paperwork (With a Practical Example)

Intermittent or reduced-schedule leave is one of the most error-prone areas—especially when the certification doesn’t quantify frequency/duration.

If you’re also evaluating whether an employee can still perform some work while on leave, SwiftSDS covers this in can you work part time on fmla.

What providers must include for intermittent leave

For intermittent FMLA how to fill out FMLA paperwork example, you want the certification to state:

  • Medical necessity for intermittent absences
  • Frequency (e.g., “1–2 episodes per month”)
  • Duration per episode (e.g., “up to 1 day per episode” or “2–4 hours”)
  • Expected period the condition will last (e.g., 6 months)

Intermittent certification example (what “good” looks like)

Below is a FMLA filled out example in plain language (not a real form, but representative of sufficient entries):

Condition: Chronic migraines (serious health condition with episodic incapacity)
Medical necessity: Episodes prevent employee from performing essential functions during flare-ups
Frequency: 1–3 episodes per month
Duration: 4–8 hours per episode; occasionally up to 1 full day
Treatment: Ongoing medication management; follow-up every 3 months
Work restrictions: Needs unscheduled leave during episodes; may return to work the next day if symptoms resolve

This is the kind of detail HR needs to designate leave, track hours, and minimize disputes.

How HR Should Handle Incomplete or Vague Certifications (Legally)

1) Use the “incomplete vs. insufficient” standard

Under 29 CFR § 825.305(c):

  • Incomplete = missing entries
  • Insufficient = vague, ambiguous, non-responsive

HR should provide written notice specifying what’s missing and give 7 days to fix it.

2) Contacting the provider: permitted, but controlled

Employers may contact the healthcare provider for authentication or clarification under certain rules, but only through HR, a leave administrator, or a management official (not the direct supervisor), and only after the employee has had a chance to cure deficiencies.

3) Second and third opinions (when appropriate)

If there’s a legitimate reason to doubt validity, employers can require:

  • Second opinion at employer expense
  • Third opinion if first two conflict (binding)

Maintain consistency to avoid retaliation/interference claims.

Where ADA and EEO Considerations Intersect With FMLA Paperwork

FMLA paperwork often overlaps with disability accommodation processes. An employee may exhaust FMLA but still be entitled to an ADA reasonable accommodation, or may need accommodations while intermittently absent.

SwiftSDS resources to align your processes:

Multi-State Reality: Federal FMLA vs. State Leave Programs and Portals

Some states run separate family/medical leave programs with their own paperwork and online systems. If the employee works in a state with additional protections, coordinate eligibility, timelines, and documentation.

Helpful SwiftSDS state and process references:

Also remember you may have state posting obligations. For example, if you employ workers in Illinois, review Illinois (IL) Posting Requirements to ensure your overall labor law notice program stays current.

Employer Compliance Checklist (Practical and Audit-Friendly)

Use this checklist to standardize how to get FMLA paperwork filled out correctly:

  • Provide eligibility + rights/responsibilities notices within 5 business days of learning leave may be FMLA-qualifying (per DOL regulations)
  • Give the employee the correct certification and a 15-day return deadline
  • Track cure periods (7 days) for incomplete/insufficient forms
  • Ensure intermittent certifications include frequency + duration estimates
  • Keep medical documents confidential (separate files, restricted access)
  • Issue designation notice promptly once sufficient information is received
  • Coordinate with ADA when restrictions extend beyond FMLA

FAQ

What’s the easiest way to get FMLA paperwork completed quickly?

Give the employee the correct certification form immediately, include a one-page instruction sheet for the provider, and set the 15-day deadline upfront. For intermittent leave, ask the employee to request that the provider quantify frequency and duration to avoid follow-up delays.

Can HR fill out the medical section for the employee?

No. The healthcare provider must complete medical certification content. HR can complete employer sections, track deadlines, and notify the employee if the certification is incomplete or insufficient under 29 CFR § 825.305.

What if the doctor writes “as needed” for intermittent leave?

“As needed” is usually insufficient because it doesn’t quantify frequency/duration. Provide written notice explaining what’s missing and allow 7 calendar days to cure. If needed, use the clarification/authentication process consistent with FMLA regulations.

SwiftSDS helps employers stay aligned with federal labor law requirements and related posting obligations. Keep your leave documentation consistent, timely, and confidential to reduce risk and support employees appropriately.