Content/Sufficiency of Employee Notice
An employee must provide at least verbal notice sufficient to make the employer aware of the need for FMLA-qualifying leave and the anticipated timing and duration of the leave.
Calling in "sick" without providing more information is not sufficient to trigger an employer's obligations under the FMLA. The employer should inquire further of the employee if it is necessary to have more information about whether FMLA leave is being sought and obtain the necessary details of the leave to be taken. An employee must respond to the employer's questions designed to determine if the leave is potentially FMLA qualifying. Failure to respond to reasonable employer inquiries regarding the leave request may result in denial of FMLA protection if the employer is unable to determine whether the leave is FMLA-qualifying.
The first time an employee seeks leave for an FMLA-qualifying reason, the employee need not expressly assert rights under the FMLA or even mention the FMLA. However, depending on the situation, sufficient information may include, for example:
When an employee seeks leave for an FMLA-qualifying reason for which the employer has previously provided FMLA leave, the employee must specifically reference the qualifying reason for leave or the need for FMLA leave.
Continue to Complying with Employer Policy or Return to Employee Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations:
§ 825.302 ,
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