FMLA Notice Requirements

What are the FMLA notice requirements? In other words, what kind of notice do you have to give for FMLA leave? Assuming you are an eligible employee under the FMLA, the below article addresses what notification is sufficient

FMLA Notice Requirements - Leave is Foreseeable

If the your need for FMLA leave is foreseeable (e.g birth of a child, scheduled surgery, etc.) you are required to provide your employer with at least thirty days advanced notification before the leave is scheduled to begin. Moreover, you should do so in writing – and keep a copy for yourself.

Is the leave foreseeable or not?

FMLA Notice Requirements - Leave is Unforeseeable

Not all leave is foreseeable. Emergencies happen which require a person to go on leave without prior notice. When this happens, notice must be given as soon as practicable. There are no hard and fast rules with respect to what “as soon as practicable” means, you should make a good faith effort to let your employer know about your need for leave as soon as you can. Obviously, with medical emergencies, advanced notice is not required as it is impossible to provide advanced notice during an emergency.

When the leave is foreseeable (like pregnancy, scheduled surgery, etc.), the employee should provide at 30-days’ advanced notice.

FMLA Notice Requirements - What should the notice say?

You should also provide your employer with information when you provide notice of your need for leave. You must, at a minimum, tell your employer that you need FMLA leave, when you will need it, and how long you would need it for. The best way to handle this, though, is to provide your employer with a written notification indicating why you need leave and how much leave you need. Your request for leave does not have to specifically reference the FMLA or assert your rights under the FMLA

Can my employer look into my medical condition?

When the leave is for you (as opposed to a family member), your employer is allowed to look into the nature of your health condition and may request a medical certification from your health care provider to justify the need for leave. If your employer asks for your information related to your leave, you are required to respond.

If you have questions or concerns, please contact us for a consultation.

NY FMLA Lawyers

NY FMLA Lawyers