• An employer may deny or delay FMLA leave if an employee fails to provide proper notice.

If an employee fails to give 30 days’ notice for foreseeable leave, and has no reasonable excuse for the delay, an employer may delay Family and Medical Leave Act (FMLA) leave 30 days from the date the employee requests leave.

FMLA leave may be delayed because an employee failed to give proper notice only if it was clear the employee knew about the FMLA notice requirements and the leave was clearly foreseeable. The obligation is met if the employer has properly posted the FMLA notice at work.

If an employee fails to provide timely notice of unforeseeable leave, and no extenuating circumstances justify the delay, the employer may deny or delay the FMLA leave, but much will depend upon the specific facts involved.

If, for example, it would have been practicable to provide notice very soon after the need for leave arose, but the employee provided notice two days after the leave began, the employer could delay FMLA coverage by two days.