Fact Sheet #28E: Employee Notice Requirements under the Family and . . . To take FMLA leave, employees must provide their employers with appropriate notice The first time an employee requests leave for an FMLA reason, the employee does not have to mention the FMLA to be protected under the law
Controlling FMLA intermittent leave abuse through call-in notice . . . The court disagreed because the employer had a notice requirement that obligated employees who had been approved for FMLA intermittent leave to call the outsourced absence management provider within 48 hours of an absence that the employee wanted to designate as intermittent leave
Only One Notice Required for Intermittent FMLA Leave The Sixth Circuit then ruled that, regardless of whether FMLA leave is to be continuous or intermittent, an employee need only provide notice to the employer one time for each qualifying reason
29 CFR 825. 302 -- Employee notice requirements for foreseeable FMLA leave. Whether FMLA leave is to be continuous or is to be taken intermittently or on a reduced schedule basis, notice need only be given one time, but the employee shall advise the employer as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown
Sixth Circuit Clarifies Notice Requirements for FMLA Intermittent Leave The court found Render satisfied the one-time notice requirement for intermittent leave when he initially notified the employer of his need for FMLA leave Additionally, Render’s medical certification form specified a qualifying reason (depression anxiety disorder)
Intermittent Leave: Answers to 8 Important FMLA Questions Yes, employers can temporarily transfer an employee on intermittent leave to minimize the effect of that person’s absence on the overall operation The temporary position doesn’t need to be equivalent to the original job – but the pay and benefits must remain the same