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ARTICLE · 01 APRIL 2024

Let's Get Back To Basics: FMLA Notice Requirements

Pierson Ferdinand LLP
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Employees who want to take leave under the Family and Medical Leave Act must give at least 30 days advance notice if possible and practical.

United StatesEmployment and HR
Eric B. Meyer
Eric B. Meyer

Employees who want to take leave under the Family and Medical Leave Act must give at least 30 days advance notice if possible and practical. If 30 days' notice is not practicable, for example, when the employee does not know when leave will begin, or if circumstances change or there is a medical emergency, the employee must provide notice of the need for leave as soon as possible and practical.

The employer can deny the leave if the employee does not satisfy the FMLA's notice requirements.

I'll give you an example from a recent Third Circuit opinion. It involves an employee who had already taken approved FMLA leave more than a dozen times to receive infertility treatments and other medical care.

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