[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: 29CFR825.309]



[Page 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.  825.309  What notice may an employer require regarding an employee's 

intent to return to work?



    (a) An employer may require an employee on FMLA leave to report 

periodically on the employee's status and intent to return to work. The 

employer's policy regarding such reports may not be discriminatory and 

must take into account all of the relevant facts and circumstances 

related to the individual employee's leave situation.

    (b) If an employee gives unequivocal notice of intent not to return 

to work, the employer's obligations under FMLA to maintain health 

benefits (subject to COBRA requirements) and to restore the employee 

cease. However, these obligations continue if an employee indicates he 

or she may be unable to return to work but expresses a continuing desire 

to do so.

    (c) It may be necessary for an employee to take more leave than 

originally anticipated. Conversely, an employee may discover after 

beginning leave that the circumstances have changed and the amount of 

leave originally anticipated is no longer necessary. An employee may not 

be required to take more FMLA leave than necessary to resolve the 

circumstance that precipitated the need for leave. In both of these 

situations, the employer may require that the employee provide the 

employer reasonable notice (i.e., within two business days) of the 

changed circumstances where foreseeable. The employer may also obtain 

information on such changed circumstances through requested status 

reports.