• It is lawful for an employer to require notice of FMLA leave except in the case of unusual circumstances, such as an emergency.

Employers may require employees to comply with their usual and customary notice and procedural requirements for requesting Family and Medical Leave Act (FMLA) leave unless there are unusual circumstances.

This could include requiring employees to provide written notice that indicates the reasons for the requested leave as well as the anticipated start and duration of the leave. Employers may also require employees, per policy, to contact a specific individual.

For unforeseeable leave, if an employee requires emergency care, the employee would not be required to follow the call-in procedure until the condition improved. Such a situation would also preclude written advance notice of the need for leave.

If there are no unusual circumstances and the employee does not comply with the notice requirements, FMLA-protected leave may be delayed or denied.