How Much Notice Can an Employer Require for FMLA Leave? 

The Family and Medical Leave Act (FMLA) is a lifeline for employees who need time off work to address serious health conditions, care for family members or manage other qualifying exigencies. This federal law provides job-protected leave for up to 12 weeks within a 12-month period, giving employees the peace of mind to focus on their health and family without fear of losing their jobs. However, navigating the complexities of FMLA can be daunting, and employers often make mistakes that jeopardize employees’ rights. At Marshall Forman & Schlein LLC, we are here to help you secure your entitled FMLA leave and protect your employment rights.

Advance Notice vs. Unforeseeable Circumstances

Typically, employers have policies requiring employees to follow normal call-off procedures, such as providing advance notice of their need for leave. However, the FMLA recognizes that not all situations allowing for advance notice. In cases where the need for leave is unforeseeable, such as a sudden medical emergency, the law requires employers to make exceptions to their notice requirements. According to 29 C.F.R. § 825.303(c), employees must notify their employers “as soon as practicable under the facts and circumstances of the particular case.”

For example, if an employee needs emergency medical treatment and cannot provide notice one hour before the workday begins, the employer must accommodate the situation. Any rigid enforcement of advance notice requirements in such cases would constitute a violation of the FMLA.

What Employees Need to Do

As an employee, it’s crucial to understand your responsibilities under the FMLA. Here are the steps you should follow to ensure timely and proper communication with your employer:

1. Provide Advance Notice When Possible

If you have a foreseeable need for FMLA leave, provide your employer with at least 30 days’ notice. This advance notice allows the employer to plan for your absence and ensures that you remain compliant with FMLA regulations.

2. Communicate as Soon as Practicable for Unforeseeable Leave

For unexpected situations, communicate with your employer as soon as possible. If the need for leave arises suddenly, make it a priority to inform your employer within a reasonable timeframe, typically within one or two business days.

3. Provide Sufficient Information

When requesting FMLA leave, you don’t need to mention the FMLA specifically. However, you must provide enough information for your employer to recognize that your request falls under the FMLA. For instance, stating that you need time off for chemotherapy treatment or to care for a family member with a serious health condition can suffice.

4. Follow Employer’s Procedures

Follow your employer’s standard call-off procedures unless there are unusual circumstances that prevent you from doing so. Familiarize yourself with these procedures and adhere to them to avoid unnecessary complications.

Contact Our Newark FMLA Attorneys

If you believe your employer has violated your FMLA rights or if you need assistance understanding the notice requirements for FMLA leave, don’t hesitate to reach out to us. With over 50 years of combined experience, Marshall Forman & Schlein LLC is committed to standing up for your rights and providing you with the support you need. Contact us today to schedule your free consultation and let our team guide you through the legal process.