You can’t extend Family and Medical Leave Act (FMLA) leave past 12 workweeks of job-protected leave in a 12-month period, or 26 workweeks for military caregiver leave. If you still have some of those weeks left, though, you can ask to extend your current leave, and your employer will usually want updated medical certification or recertification first. Once FMLA is used up, other protections may apply, including the Americans with Disabilities Act (ADA), state leave laws, your employer’s own policy, and short-term disability for income.
Key takeaways
- Federal FMLA caps job-protected leave at 12 workweeks per 12-month period (26 for military caregiver leave), and your employer chooses how that 12-month period is counted.
- Asking to extend your leave lets your employer request recertification sooner than usual, and you generally get at least 15 calendar days to return it.
- Check how many FMLA weeks you have left, then ask your health care provider for updated paperwork before your current leave ends.
Can you extend FMLA leave?
You can extend your leave period as long as you still have FMLA entitlement left in your 12-month period. You can’t extend FMLA itself past the federal maximum.
Under 29 CFR 825.200, an eligible employee’s FMLA entitlement is limited to 12 workweeks during any 12-month period. Military caregiver leave, for an employee caring for a covered servicemember with a serious injury or illness, is limited to 26 workweeks in a single 12-month period.
Many people use the word “extension” to mean two different things:
- Extending your current leave period. Your doctor originally estimated six weeks off, recovery is taking longer, and you still have FMLA weeks available. This is a normal request, and the regulations plan for it.
- Going beyond your FMLA total. You’ve used all 12 weeks and still can’t return. FMLA can’t stretch past that limit, but other laws or policies may give you more time.
Knowing which situation you’re in tells you what to ask your employer for, so the next step is figuring out how much leave you actually have left.
How much FMLA leave do you have left?
Your remaining leave depends on how your employer measures the 12-month period. The fastest way to find out is to ask HR or your leave administrator for your balance in writing.
According to the Department of Labor’s Fact Sheet #28H, employers can choose one of four methods:
- Calendar year: January 1 through December 31.
- Fixed 12-month year: such as a fiscal year or an anniversary-date year.
- Forward from your first FMLA day: the 12 months begin the first day you take FMLA leave.
- Rolling 12 months backward: each time you take leave, your employer looks back 12 months and subtracts any FMLA time used in that window.
The method has to be applied consistently to all employees. If your employer never picked one, the regulation says the option that’s most beneficial to you applies.
The rolling method surprises people most. Leave you took 10 months ago still counts against you, and weeks only “come back” as older absences fall out of the look-back window. If you’ve taken intermittent leave (leave in separate blocks of hours or days rather than all at once), those hours count too.
What your employer can ask for when you request more leave
When you ask to extend your leave, your employer can ask for updated medical information sooner than it otherwise could. This step is called recertification, meaning a new or updated statement from your health care provider confirming the condition and your need for leave.
Normally, under 29 CFR 825.308, an employer may request recertification no more often than every 30 days, and only in connection with an absence. If your original certification listed a minimum duration longer than 30 days, the employer generally has to wait until that period ends. An employer may also request recertification every six months for conditions that last longer.
The rule changes when you ask for more time. The regulation allows recertification sooner than 30 days if:
- You request an extension of leave.
- The circumstances in your previous certification have changed significantly, such as the duration or frequency of absences, the severity of the condition, or complications.
- The employer receives information that casts doubt on the stated reason for the absence or on whether the certification is still valid.
Your employer can ask for the same information allowed on the original certification. The DOL’s Fact Sheet #28G also notes that the employee is responsible for the cost of recertification, and that an employer cannot require a second or third opinion on a recertification.
If you need help getting updated paperwork completed before a deadline, MyFMLA offers follow-up visits for leave extensions and recertifications, where a board-certified physician reviews your current condition over a secure video visit.
How to request an FMLA extension
The process works best when you start before your current leave ends. Here’s the general sequence.
- Confirm your remaining balance. Ask HR or your leave administrator how many FMLA hours or weeks you have left and which 12-month method they use.
- Tell your employer early. Under 29 CFR 825.311, when your need for leave changes, your employer may require reasonable notice, generally within two business days of when you learn of the change, where that’s foreseeable.
- Ask your employer which form they want. Many employers use the Department of Labor’s WH-380-E for an employee’s own condition. The guide to the WH-380-E medical certification form walks through each section.
- See your health care provider. Bring the form, your job description, your original leave dates, and the new dates you’re requesting. The provider documents why more time is medically needed.
- Return the paperwork on time. Your employer must generally give you at least 15 calendar days to return recertification, unless that isn’t practicable despite your good-faith efforts.
- Fix any gaps quickly. Under 29 CFR 825.305, if a certification is incomplete or insufficient, your employer must tell you in writing what’s missing and give you seven calendar days to cure it.
- Keep copies of everything. Save emails, forms, and dates in case questions come up later.
If you aren’t sure which forms apply to your situation, the overview of FMLA forms and how to complete them explains the full set.
Common mistakes that delay an extension
Most delays come from timing and paperwork, not from the medical side. A few to watch for:
- Waiting until your return date. If you ask on the day you’re due back, you may have a gap with no approved leave.
- Vague dates. A note that says “needs more time” is likely to come back as insufficient. Specific estimated dates or frequency and duration of flare-ups give your employer what it needs.
- Not tracking intermittent hours. Small absences add up and can exhaust your balance faster than you expect.
- Telling your employer you won’t return. Under 825.311, if you clearly state you won’t return, your employer’s obligations to restore your job and maintain health benefits end. If you’re unsure, say that instead.
What happens when your FMLA leave runs out?
When FMLA is exhausted, your FMLA job protection ends, but other protections may still apply. Your next step is to ask your employer what’s available under the ADA, state law, and company policy.
Under 29 CFR 825.214, an employee returning from FMLA leave is entitled to the same or an equivalent position. However, 29 CFR 825.216 says that if you’re unable to perform an essential function of your job because of a physical or mental condition, you have no FMLA right to restoration to another position. The same section notes that the employer’s obligations may then be governed by the ADA, state leave laws, or workers’ compensation.
ADA reasonable accommodation
The Equal Employment Opportunity Commission (EEOC) guidance on employer-provided leave and the ADA says an employer must consider unpaid leave as a reasonable accommodation for an employee with a disability, including when FMLA leave has been used up, as long as it doesn’t create an undue hardship. A reasonable accommodation is a change in the work environment or in how things are usually done that lets a person with a disability work.
The EEOC also states that complying with the FMLA doesn’t necessarily meet an employer’s ADA obligations. Indefinite leave, where you can’t say whether or when you’ll return, is generally considered an undue hardship. Requests usually start an “interactive process,” a back-and-forth where your employer gathers information about your needs.
Other options to ask about
- State leave laws. Some states have their own family and medical leave laws. The Department of Labor’s paid leave page reports that thirteen states and the District of Columbia have paid family and medical leave programs.
- Employer policy. Your employer may offer more leave than the law requires. Check your handbook or ask HR.
- Short-term disability. This insurance may replace part of your income while you can’t work.
FMLA vs. short-term disability: why many people need both
FMLA protects your job but not your income. The DOL’s Fact Sheet #28 describes FMLA as job-protected, unpaid leave, with group health coverage maintained on the same terms.
Short-term disability may replace a portion of your income, but it doesn’t by itself protect your job. That’s why many people on extended medical leave need both, and why an extension request may involve updated paperwork for your employer and for a disability carrier. Learn more about combining FMLA and short-term disability.
As a reminder, general FMLA eligibility, per the DOL, requires working for a covered employer for at least 12 months, at least 1,250 hours in the 12 months before leave, and at a location with 50 or more employees within 75 miles. Your HR department or leave administrator can confirm how those rules apply to you.
Frequently asked questions
Can I extend FMLA beyond 12 weeks?
No. Federal FMLA is limited to 12 workweeks in a 12-month period, or 26 workweeks for military caregiver leave. You may be able to get more time through ADA accommodation, state law, or your employer’s policy.
Does my employer have to approve an extension?
Your employer can request recertification when you ask for an extension, and it reviews whether you’re eligible, have FMLA leave left, and have provided a complete and sufficient certification. Final decisions rest with your employer or leave administrator, and HR can explain how the rules apply to you.
How long do I have to turn in recertification?
Your employer generally must give you at least 15 calendar days after the request. If the form comes back incomplete, you’re generally given seven calendar days to fix it.
Who pays for recertification?
According to the DOL, the employee is responsible for the cost of recertification unless the employer provides otherwise.
Can I switch from continuous to intermittent leave when I go back?
Often, yes, if your provider certifies that intermittent leave is medically necessary and you have FMLA time left. The page on intermittent FMLA explains how that type of leave works.
What if I can’t return when FMLA runs out?
Tell your employer before your leave ends and ask about an ADA accommodation, state leave, or company leave. Avoid saying you won’t return unless that’s truly your decision.
Get help with your extension paperwork
If your own provider can’t complete your recertification before your deadline, a board-certified physician at MyFMLA can review your situation during a secure video visit and complete extension or recertification forms when medically appropriate. Intermittent FMLA certification is typically completed within 1 business day when all required information is available, and more comprehensive requests typically within 1-3 business days after the appointment. Please book for the state where you’ll be physically located at the time of your visit. Start Your Evaluation.
Sources
- 29 CFR 825.200: Amount of leave, eCFR
- 29 CFR 825.305: Certification, general rule, eCFR
- 29 CFR 825.308: Recertifications for leave taken because of a serious health condition, eCFR
- 29 CFR 825.311: Intent to return to work, eCFR
- 29 CFR 825.214: Employee right to reinstatement, eCFR
- 29 CFR 825.216: Limitations on an employee’s right to reinstatement, eCFR
- Fact Sheet #28: The Family and Medical Leave Act, U.S. Department of Labor
- Fact Sheet #28G: Medical Certification under the FMLA, U.S. Department of Labor
- Fact Sheet #28H: 12-month period under the FMLA, U.S. Department of Labor
- Employer-Provided Leave and the Americans with Disabilities Act, U.S. Equal Employment Opportunity Commission
- Paid Leave, U.S. Department of Labor, Women’s Bureau
This article is for informational purposes only and is not a substitute for professional medical advice.
Medical documentation supports your request but does not guarantee approval. Final decisions are made by your employer, insurance carrier, leave administrator, school, or applicable state program.
This is not an emergency service. In an emergency, call 911 or go to the nearest emergency room.
