[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.303]

[Page 783]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
 Subpart C_How do Employees Learn of Their FMLA Rights and Obligations, 
            and What Can an Employer Require of an Employee?
 
Sec. 825.303  What are the requirements for an employee to furnish 
notice to an employer where the need for FMLA leave is not foreseeable?

    (a) When the approximate timing of the need for leave is not 
foreseeable, an employee should give notice to the employer of the need 
for FMLA leave as soon as practicable under the facts and circumstances 
of the particular case. It is expected that an employee will give notice 
to the employer within no more than one or two working days of learning 
of the need for leave, except in extraordinary circumstances where such 
notice is not feasible. In the case of a medical emergency requiring 
leave because of an employee's own serious health condition or to care 
for a family member with a serious health condition, written advance 
notice pursuant to an employer's internal rules and procedures may not 
be required when FMLA leave is involved.
    (b) The employee should provide notice to the employer either in 
person or by telephone, telegraph, facsimile (``fax'') machine or other 
electronic means. Notice may be given by the employee's spokesperson 
(e.g., spouse, adult family member or other responsible party) if the 
employee is unable to do so personally. The employee need not expressly 
assert rights under the FMLA or even mention the FMLA, but may only 
state that leave is needed. The employer will be expected to obtain any 
additional required information through informal means. The employee or 
spokesperson will be expected to provide more information when it can 
readily be accomplished as a practical matter, taking into consideration 
the exigencies of the situation.