The Essential Guide to Family & Medical Leave

182 | the essential guide to family and medical leave
Example: On May 1, Cora tells you, her manager, that she needs to take several
days off, starting May 10, to have surgery to remove a cancerous lump from her
breast. Cora’s surgeon is a renowned physician whose services are in high demand,
and she only found out that she’d been scheduled (after a cancellation) on May 1,
the day she notified you. Can you require Cora to delay her leave until June 1?
No. Although Cora knew that she would need time off at some point, she didn’t
know the exact date of her surgery until the day she gave notice. Under the FMLA,
this constitutes as much notice as is practicable under the circumstances, so you
cannot require her to delay her leave.
Now assume that Cora actually scheduled her surgery more than a month ago but
didn’t tell you about it until May 1. Should you require her to delay her leave? It’s
risky. Cora didn’t give the required notice, but she needs surgery for a potentially lifethreatening
condition—and if you require her to miss her scheduled appointment,
she might have to wait a long time to get a new date. Although you have the right to
require her to wait for 30 days, it doesn’t seem like a good idea to exercise it here. If
delay could lead to serious medical problems, it’s probably best not to require it.
If Cora’s surgery was for something less urgent—for example, to remove her tonsils—
the balance would shift. You would be well within your rights to require a full 30 days’
notice. A delay wouldn’t cause Cora any harm, and she has no excuse for failing to give
notice as required, so you are on safer ground if you require her to delay her leave.
If you decide, after considering all the facts and circumstances, that you
will insist on 30 days’ notice, put your decision—including the earliest
date the employee’s leave can begin—in writing, attach it to the employee’s
individual notice form, and talk to the employee about it. Listen carefully to
the employee’s response; you may learn something that could change your
mind. If so, simply provide a new individual notice form.
Rescheduling Leave
In addition to the 30-day notice requirement for foreseeable leave, there are a
couple of additional timing issues to consider. They are:
• One-year limit on parenting leave. As explained in Chapter 6, new parents
must conclude their parenting leave within one year after the child
is born or placed with them. Review this requirement when you sit