
*For employers with over 50 full-time or full-time equivalents (FTE) employees
FMLA: Employee Notice of Leave
The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Under the law, employees must provide employers with notice of their need for FMLA leave.
Content of an Employee’s Notice
An employee’s notice of a need for FMLA leave may be oral or written. The first time the employee requests leave for a qualifying reason, they are not required to mention the FMLA. However, they must provide enough information for the employer to know the leave may be covered by the FMLA.
Notice of Foreseeable Leave
Generally, an employee must give at least 30 days’ advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so. If an employee fails to meet this requirement, the employer may delay the FMLA leave for 30 days after they receive notice. For foreseeable leave, the employee must also indicate when and how much leave is needed.
Notice of Unforeseeable Leave
When the need for leave is unexpected, the employee must provide notice as soon as possible and practical. It should usually be reasonable for the employee to provide notice of leave that is unforeseeable within the time required by the employer’s usual and customary notice requirements. Whether the employee’s notice of unforeseeable leave is timely will depend on the facts of the situation.
Notice of Leave for a Qualifying Military Exigency
Employees must give notice of the need for FMLA leave for a qualifying exigency of a military family member as soon as possible and practical, regardless of how far in advance the leave is needed.
Employer’s Usual Policies
- In general, employers may require employees to comply with their usual and customary policies for requesting leave unless unusual circumstances prevent the employee from doing so.
- The employer can take action under its internal rules and procedures if the employee fails to follow its usual and customary rules for requesting leave.
Planned Medical Treatment
- When planning medical treatment, the employee must consult with the employer and make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer's operations, subject to the approval of the health care provider.
FMLA: Serious Health Condition
The federal Family and Medical Leave Act (FMLA) requires covered employers to provide eligible employees with unpaid, job-protected leave for qualifying reasons. Qualifying reasons include needing time off due to the employee’s own serious health condition and caring for a spouse, son, daughter or parent who has a serious health condition.
Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. It does not include routine medical examinations, such as a physical, or common medical conditions, such as an upset stomach, unless complications develop.
Types of Serious Health Conditions
Inpatient care means an overnight stay in a hospital, hospice or residential medical care facility and any period of incapacity or subsequent treatment in connection with the overnight stay. Health conditions are also considered serious if they require continuing treatment by a health care provider. Such conditions include:
- Incapacity plus treatment involving a period of incapacity of more than three consecutive, full calendar days, with follow-up treatment;
- Any period of incapacity due to pregnancy or prenatal care;
- ·Any period of incapacity due to a chronic serious health condition requiring health care provider visits at least twice a year and recurring over an extended period;
- A period of incapacity due to a permanent or long-term condition for which treatment may not be effective but requires the continuing supervision of a health care provider; and
- Conditions requiring multiple treatments, which specifically include surgery after an accident or other injury, or a condition that would likely result in incapacity of more than three days without treatment.
Incapacity
- Inability to work, including being unable to perform any one of the essential functions of the employee’s position; or
- Inability to attend school or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition.
Incapacity Plus Treatment
Incapacity of more than three consecutive days and subsequent treatment or incapacity relating to the same condition that also involves:
- Two or more in-person visits to a health care provider for treatment within 30 days of the first day of incapacity. The first visit must be within seven days of the first day of incapacity; or
- At least one in-person visit to a health care provider for treatment within seven days of the first day of incapacity, resulting in a regimen of continuing treatment under the health care provider’s supervision.
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