Employee Failure to Provide Notice
Foreseeable Leave of 30 Days or More
Foreseeable Leave of Less Than 30 Days or Unforeseeable Leave
An employer may waive the employee's FMLA obligations or the employer's own internal rules on leave notice requirements. If an employer does not waive the employee's obligations and the employee fails to follow the employer's usual and customary notification rules, the employer may take appropriate action, absent unusual circumstances. Such action may be taken as long as it is taken in a manner that does discriminate against employees taking FMLA leave and is consistent with FMLA notice requirements for unforeseeable FMLA leave (i.e., an employee requesting unforeseeable FMLA leave may be required to provide notice as soon as practicable under the particular facts and circumstances).
In all cases, in order for the start of an employee's FMLA leave to be delayed due to lack of required notice, it must be clear that the employee had actual notice of the FMLA notice requirements.
To learn more about notices the employer is required to provide to the employee, see Employer Notice Requirements and Recordkeeping.
Continue to Maintenance of Employee Benefits or Return to Employee Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.304
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