[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.303]



[Page 780]

 

                             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.