The Essential Guide to Family & Medical Leave

142 | the essential guide to family and medical leave
Employees requesting foreseeable leave must give at least 30 days’ notice of
the need for leave. There are several exceptions to this rule:
• When the need for leave isn’t certain in time (for example, where an
adoption date isn’t definite). In this situation, the employee must give
notice as soon as “practicable” (usually within two business days after
learning that he or she needs leave).
• When there is a change in circumstances (for example, where a medical
procedure date is changed to accommodate the hospital’s schedule). In
this situation, the employee must give notice as soon as he or she learns
of the change, in addition to the initial notice.
• When an employee is a union member and there is a collective bargaining
agreement that provides for less notice for leave. In that case, the employee
follows the rules laid out in the collective bargaining agreement.
• When your company’s applicable leave plan permits less notice than the
FMLA requires. For example, if your vacation leave plan provides for less
notice than the FMLA requires and the employee is substituting paid
vacation leave for FMLA leave, the employee only need give notice as the
vacation policy requires.
Where the need is unforeseeable, the employee requesting leave must give
you notice as soon as practicable, which typically means within one or two
business days after the employee learns of the need for leave. (29 C.F.R.
§ 825.302.) While you can’t deny an employee leave for an unforeseeable,
emergency need even when he or she gives late notice, you can discipline the
employee for violating company rules.
Tip
Follow state law notice requirements. If state law allows less advance
notice for family and medical leave than the FMLA requires, your company
must accept notice that meets the lesser state requirement. Some states,
including Alaska, California, and Hawaii, allow for “reasonable” notice of
the need for leave without a specific requirement of a number of days
of advance notice. Other states specifically allow shorter notice than the
FMLA (for example, New Jersey law requires only 15 days’ notice for family
or medical leave).