[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: 29CFR825.304]

[Page 783-784]
 
                             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. 825.304  What recourse do employers have if employees fail to provide 
the required notice?

    (a) An employer may waive employees' FMLA notice obligations or the 
employer's own internal rules on leave notice requirements.
    (b) If an employee fails to give 30 days notice for foreseeable 
leave with no reasonable excuse for the delay, the employer may delay 
the taking of FMLA leave until at least 30 days after the date the 
employee provides notice to the employer of the need for FMLA leave.
    (c) In all cases, in order for the onset 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. This 
condition would be satisfied by the employer's proper posting of the 
required notice at the worksite where the employee is employed. 
Furthermore, the need for leave and the approximate date leave would be 
taken must have been clearly foreseeable to the employee 30 days in 
advance of the leave. For example,

[[Page 784]]

knowledge that an employee would receive a telephone call about the 
availability of a child for adoption at some unknown point in the future 
would not be sufficient.