[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: 29CFR825.304]



[Page 780-781]

 

                             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 781]]



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.