• Employees must provide a company with advanced notice of their foreseeable FMLA leave needs.
• If 30 days' advance notice is not possible, an employee must notify the employer of the need for leave “as soon as practicable.”

Employees seeking to use Family and Medical Leave Act (FMLA) leave are required to provide at least 30 days advance notice before FMLA leave is to begin when the need is foreseeable and such notice is feasible.

This could be for situations such as an expected birth of a child, placement for adoption or foster care, a planned medical treatment for a serious health condition, or planned medical treatment for a serious injury or illness of a covered servicemember.

Whether the leave is to be continuous, taken intermittently, or on a reduced schedule basis, an employee has to give the employer initial notice only one time for a given reason. If, however, things like dates change, the employee needs to let the company know.

As soon as practicable

Furthermore, when leave is foreseeable and an employee is not able to provide 30 days’ notice, then the employee is to give notice “as soon as practicable.” This would mean at least verbal notification to the employer within one or two business days of when the need for leave becomes known to the employee.

Sometimes the employee will not provide the employer with 30 days advance notice of foreseeable leaves. In those situations, if employers ask, the employee must explain why providing notice in a timely manner was not practicable.

“As soon as practicable” means as soon as both possible and practical, and this will depend upon the facts and circumstances of the individual situation. The employee should be able to provide notice either the same day of learning of the future need for leave or the next business day.

For foreseeable leave, the employee should give at least a verbal notice with enough information to make the employer aware that the employee needs FMLA. The information should also include the following:

• The expected timing and duration of the leave;
• Whether the condition renders the employee unable to perform the functions of the job;
• That the employee is pregnant or has been hospitalized overnight;
• Whether the employee or family member is under the continuing care of a health care provider;
• If the leave is for a qualifying exigency;
• If the leave is for a family member, whether the condition is pregnancy or otherwise renders the family member unable to perform daily activities; or
• That the family member is a covered servicemember with a serious injury or illness.

If the employee is requesting leave for the first time for an FMLA-qualifying event, the employee does not need to mention the FMLA or otherwise assert FMLA rights. If the employee is requesting leave for an FMLA-qualifying reason and has taken leave for the reason before, the employee must specifically reference the qualifying reason or the need for FMLA leave.

If the employee does not provide adequate information, the company should inquire further about whether the employee is seeking FMLA leave and obtain enough details to indicate that FMLA is involved.

Calling in sick without providing more information will not be considered sufficient notice to trigger the employer’s FMLA obligations.

Employees must respond to questions designed to determine whether an absence potentially qualifies for FMLA. Failure to do so may result in the denial of FMLA protection if the employer can’t determine whether the leave actually does qualify for FMLA.

Employees planning to have medical treatment must consult with the employer to schedule the treatment so the absence does not unduly disrupt the company's operations. Of course, the schedule would need to be OK with the health care provider. The schedule should suit the needs of the company and the employee.