In our last installment of this article series, we covered the employee’s obligation to notify his or her employer of the need for Family and Medical Leave Act (FMLA) leave, but the question remains: how much time does the employee have to notify his or her employer of the need for leave?
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How much notice an employee must provide depends on whether the need for leave is foreseeable or unforeseeable. Employees must give at least 30 days’ notice if the need for FMLA leave is foreseeable that far in advance. If 30 days isn’t practicable, the employee must give notice “as soon as practicable” but must tell you, if asked, why 30 days wasn’t practicable.
For unforeseeable leave with no unusual circumstances, employees must provide notice of leave according to an employer’s usual and customary notice requirements for such leave. For example, an employer may require employees to call a designated number or a specific individual to request leave.
However, if an employee requires emergency medical treatment, he or she would not be required to follow the call-in procedure until his or her condition is stabilized, and he or she has access to, and is able to use, a phone.