The Essential Guide to Family & Medical Leave

134 | the essential guide to family and medical leave
Example 1: Your employee, Dev, took a two-week FMLA leave in January. You
gave Dev the required individualized notice within a day of learning of his need for
the leave. In April, Dev requests another FMLA leave for three weeks. Do you have to
give him another notice?
No. Six months have not elapsed since his first leave.
Example 2: Dev requests a third FMLA leave for three weeks in July. Do you have
to give him another notice?
Yes, because six months have elapsed since Dev’s first request for leave (when you
gave him the notice).
• Whenever there is a change in the information provided in the original
individualized notice. Be sure to refer to the prior notice in the
subsequent one and explain how the new notice is different.
Example: Dev was required to use accrued paid leave during the July leave, and
you informed him of this when you gave him the required notice. In September, Dev
requests two weeks of FMLA leave. Pursuant to company policy, this leave will be
unpaid. Should you give Dev an additional notice even though six months have not
passed since you gave him the previous notice?
Yes. Because his previous leave was paid and this leave is unpaid, you are required
to provide an additional notice referring to the prior notice and clearly stating the
change in information.
• If your company requires medical certification of a serious health
condition or a fitness-for-duty certification to return to work, you must
give employees seeking FMLA leave notice of these requirements each
time an employee requests leave. You need to include a statement of the
consequences if the employee fails to provide the certification. You do
not have to give additional notice of the other information required in
the original notice.