Employee Notice Requirements

Employee leave notice periods have also been substantially revised under the new regulations.  Many of the revisions benefit employers, by requiring more specific notices by employees and by requiring that employees follow standard leave notice policies when taking FMLA leave.

For unscheduled absences, employees may now be required to use normal call-in procedures when notifying an employer of the need for leave (formerly an employee had up to 2 business days after the absence to notify the employer), absent unusual circumstances.  But if the need for leave is foreseeable employees are still required to give 30 days notice of the need for leave, or otherwise give notice as soon as practicable. An employee may also be required to explain why 30 day notice was not practicable.  The definition of “practicable” has also now been changed from “one to two business days” to the “same day or next business day”.

An employer may also require employees to follow the same leave request procedures when requesting leave as apply to requests for other types of leave.  For example, an employer may require that the employee provide notice in writing and that it be given to a specific person.  Failure to follow employer leave policies may now disqualify employees for leave or delay the taking of FMLA protected leave.

Employees must also now specifically reference previously designated FMLA leave when employees seek additional leave due to an FMLA-qualifying reason for which employers have previously provided FMLA-protected leave.