How Much Notice Do I Have to Give Before Taking FMLA Leave?

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How Much Notice Do I Have to Give Before Taking FMLA Leave?

glasses and stethescope with fmla leave written on paper

The Family and Medical Leave Act (FMLA) is a federally enforceable act providing certain rights to employees. It is an important benefit that gives workers the opportunity to address health or family needs without the fear of losing their job. If you are wondering how much notice is required before taking leave, speak with an Atlanta FMLA attorney for more information.

What is FMLA Leave?

The FMLA provides eligible employees with the right to take unpaid and job-protected leave. Employees can only take leave through this act due to family or medical reasons for up to 12 weeks in a 12-month period. This leave can be used for the following reasons.

  1. Personal health issues: If the employee experiences serious health conditions that make them unable to perform their job functions and require extensive time off they can use this leave.
  2. Family care: Employees can also take this time to care for a spouse, child, or parent with a serious health condition.
  3. New child: This leave can be used to care for and bond with a newborn, adopted child, or a child placed with the employee in foster care.
  4. Military: Employees can take leave to care for a military family member with a serious injury or illness, or for reasons related to a family member’s deployment.

Do I Have to Give Notice Before Taking Leave With FMLA?

The FMLA has specific notice requirements that employees must follow when requesting to take leave. Generally, employees are required to give 30 days’ notice before taking FMLA leave if the need for time off is foreseeable. However, the situation may not always be so straightforward. Consider the following.

If the need for leave is known in advance then employees should notify their employer at least 30 days before the leave is going to begin. This can apply in situations where there is a planned medical treatment, scheduled surgery, adoption of a child, or a known placement of a foster child. Giving advanced notice allows employers to make necessary arrangements to cover the employee’s responsibilities while they are absent.

Some situations may be unforeseeable. If there is an unexpected medical emergency, sudden illness, or last-minute child placement in the home, it may not be possible for the employee to give advance notice. In this case, employees should inform the employer as soon as possible. The FLMA requires that employees give their employer notice within one or two business days of learning about the need for leave.

Employees must follow their employer’s procedures for requesting leave. This may involve submitting a written request or filling out specific forms, depending on the company. Creating a paper trail by providing notice in writing is recommended. Include relevant details like the start and approximate end date of the leave.

Work with an attorney to review your company policies and ensure you are abiding by federal laws when taking FMLA leave.

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