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- Family and Medical Leave Act Advisor

Other Employee Notice Requirements

An employee may be required to provide certain other notices when taking or planning to take FMLA-protected leave. For example:

  • The employee must consult with the employer and make a reasonable effort to schedule planned medical treatment so as not to disrupt unduly the employer's operations, subject to the approval of the health care provider.
  • For intermittent or reduced schedule leave that is medically necessary due to a serious health condition or a serious illness or injury, an employee must advise the employer, upon request, of the reasons why the intermittent or reduced schedule leave is necessary and of the schedule for treatment, if applicable.
  • An employee may not be required to take more FMLA leave than necessary to resolve the circumstance that precipitated the need for leave. However, where it is necessary for an employee to take more leave than originally anticipated or where the amount of leave originally anticipated is no longer necessary, the employer may require that the employee provide reasonable notice (i.e., within two business days) of the changed circumstances where the change is foreseeable. The employer may also obtain information on such changed circumstances through requested status reports.
  • An employer also may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. If an employee gives unequivocal notice of intent not to return to work, the employer's obligations under FMLA to maintain health benefits (subject to COBRA requirements) and to restore the employee cease. However, these obligations continue if an employee indicates he or she may be unable to return to work but expresses a continuing desire to do so.

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For more information on this aspect of the FMLA, see the FMLA regulations: § 825.302 ,
§ 825.311