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Michal Shinnar Breaks Down FMLA Form and Documentation Process

Michal Shinnar

In an article published in Investopedia on March 31, 2025, Michal Shinnar was quoted regarding the Family and Medical Leave Act (FMLA) and what to expect throughout the application process.

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. To manage this leave, employers may use their own FMLA forms, the Department of Labor’s (DOL) forms, or have a third party handle the process. However, there is no legal requirement to fill out any particular form explains Shinnar. “Your employer has to accept a request that meets all the certification requirements. Employers are allowed to accept less than the certification information; they just can’t require more to approve FMLA.”

Completed forms should be submitted to the employer or HR department only – not the DOL or your supervisor. “You are entitled to your medical privacy when it comes to FMLA leave, just like under the [Americans With Disabilities Act],” Shinnar says. “Your supervisor gets to know the ‘what’ (i.e., when you will be on leave), but not the ‘why’ (i.e., what the medical conditions or specific symptoms are).”

If your FMLA request is denied, you can submit a complaint to the U.S. Secretary of Labor or file a civil lawsuit. The lawsuit must be filed within two years after the denial—or three years if you can prove the employer’s violation was willful.  “An attorney can provide you with more specific advice,” states Shinnar.

Read the full article “How to Fill Out FMLA Forms: A Step-by-Step Guide.” (PDF)

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