1) The employee is required to provide adequate
notice of his/her need for
FMLA leave in person or by telephone, fax or other electronic means.
a) Foreseeable need for leave
(1) Ask for leave 30 days in advance if foreseeable such as planned medical treatment, child birth or placement
(2) If less than 30 days then notice as soon as practicable (ordinarily 1-2 business days)
b) Unforeseeable need for leave
(1) Ask for leave within 2 days of knowing need for leave
(2) Give notice as soon as practicable
(3) Notice can be given by employee’s representative
2) Information imparted to the employer must be sufficient to reasonably apprise it of the employee’s request to take time off for a serious health
condition.
3) An employee is not required to
expressly assert rights under the Act or even mention the
FMLA to meet his or her obligation to provide
notice.
4) An employee must prove that he/she is afflicted with an
FMLA-qualifying
condition.
5) An employee may be required to periodically report on status.
6) An employee may be required to obtain a fitness-for-duty medical certification prior to returning to work.
a) Certification must be uniformly applied
b) Employee must be on notice of such a requirement
c) Employer must also comply with ADA requirements
d) Employer may deny reinstatement until certification is obtained
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
