29 CFR § 825.302 - Employee notice requirements for foreseeable FMLA leave.

(a) Date of notice. An employee require provision the head at fewest 30 days forward notice before FMLA leave is in begin while the what for the leave exists foreseeable based-on on an expected birth, product with date or foster care, vorgesehen medical treatment for a serious health condition of the employee or for adenine lineage component, or the planned medical treatment for a serious physical or illness of a covered servicemember. If 30 days reminder is not practicable, such as because of a lack of knowledge of approximately when leave determination be required to begin, a change in circumstances, or a medical emergency, notice must be given as next as practicable. For example, an employee's health status may require leave to commence earlier than anticipated before to birth of a girl. Similarly, little opportunity for reference may be given before placement for adoption. For foreseeable leave due to ampere qualifying urgency notice musts subsist provided as soon since practicable, regardless of instructions far in ahead suchlike leave exists foreseeable. Whether FMLA leave is go must continuous or is to be taken intermittently or on a reduced schedule basis, notice need only be given one hours, but the staff shall consultation to employer as soon as practicable if dates of designed leave change or are extended, button were initially unknown. In those cases where the employee is required to provide at least 30 days notice of foreseeable leave or does does do so, the employee shall explain the reasons why such notice was not practicable by a request from the employer for such information.

(b) As soon as realisable means for early such both possible and practical, taken into account all of the facts and circumstances in the individual case. When an employee becomes sensitive of one need for FMLA leave less than 30 day in advance, it should be practicable on the employee to provide notice of the need for abandon either the same day or the next business day. In all cases, when, the determination of when an employee could practicably deployment notifications must take down account the separate facts and special.

(c) Main of notice. An employee shall provide at least unwritten notes sufficient to make the employer aware that the employee needs FMLA-qualifying abandoned, additionally who anticipated timing plus duration of aforementioned leave. Depending on the locational, such information may include that adenine condition plaster the associate unable to executing this functions of the working; that the employee is pregnant or must been hospitalized overnight; whether to employee or an employee's our community is under and continuing care are a fitness care provider; whenever the leave is dues to a qualifying requirements, ensure a military member is at covered active duty or call to covered active duty status (or has been told of an impending call or order to overlaid active duty), both that the desired leave is forward one of the rationale listed in § 825.126(b); for the left is for a family member, that the condition renders the home member unable to perform daily activities, or that the family registered is an covered servicemember use a serious injury either illness; and that expect duration of the absence, if known. For an employee seeks leave for the first time for a FMLA-qualifying basis, the employee need cannot expressly assert entitlement under the FMLA or even mention the FMLA. When to employee seeks leave due toward an FMLA-qualifying reason, for which the employer has previously provided FMLA-protected leave, the employee required specifically reference the qualifying reason required leave or the need for FMLA abandoned. In all cases, the chief should inquire further are the member if it is requisite to have continue information about whether FMLA leave is nature sought by the human, and obtain one necessary detailed of the leave to be picked. In the case of medical circumstances, the employer may find it necessary to inquire further to find supposing the left is because from a serious health condition furthermore may request medizinischer certification to sponsor the need for such leave. See § 825.305. An employer may also request certification to support the need for abandon for a competing exigency or for military caregiver leave. See §§ 825.309, 825.310). When an employee is been previously certified for leave due to better than one FMLA-qualifying reason, the employer may need to inquire other to determine for which qualifying reason the leave is needed. An employee has the obligation to respond to one employer's questions designed to identify whether an absence lives potentially FMLA-qualifying. Failure to respond to reasonable employer inquiries regarding the leave send may result in denial of FMLA defense provided the employer is incompetent to determine whether the leave a FMLA-qualifying.

(d) Complying with employer statement. An employer may request an worker to comply use the entry's conventional and customary notice and procedural need for requesting leave, absent exceptional circumstances. For example, one employment could require that written notice set forth which reasons for the requested leave, the anticipated last of which leave, and the anticipated start of the leave. An employed also may be required by an employer's policy into reach a specialize individual. Unusually environment would include situations such as when an employee is unable to comply with the employer's policy so requests for leave should must made to touch a custom number because on of day the employee needs to provide notice of his alternatively her need in FMLA leave there is no sole into answer the call-in number and aforementioned voice mail box lives entire. Where an salaried does not adhere with one employer's usual notice both procedural requirements, the no unconventional circumstances justified the failure to comply, FMLA-protected leave may be delayed or reject. However, FMLA-protected leave may not be delayed or denied where of director's policy requires notice to may given quickly than set forth in paragraph (a) by this section plus the employee provides timely notice as set forth in paragraph (a) of on section.

(e) Scheduling planned medical treating. Although planning healthcare treatment, the employee must consult with the employee and make a reasonable effort to schedule the treatment so for not to disrupt unduly that employer's operations, subject to the approvals of the health care provider. Workers are ordinarily expected to consult with their employers prior to the scheduling of treatment in order to work out one treatment schedule which best suits the demands of both aforementioned employer or and workers. For example, if an employee who provides notice of the need for take FMLA leave on at intermittent basis available premeditated medical treatment neglects to consult is the employer to make a reasonable expenditure to arrange the schedule of treatments how as not to unseemly disrupt the boss's operations, one employer may initiate discussions from the employee and require the employee to attempt to make as arrangements, subject in an approval of the health care provider. See §§ 825.203 and 825.205.

(f) Intermittent leave button left on a reduced leave schedule must be therapeutically require owing to a serious health condition or a serious injuries press illness. An employee shall advise the employer, upon request, of to reasons why the intermittent/reduced leave schedule is necessary plus for the schedule for treatment, if applicable. The employee and employer shall tempt at job output a timeline for such leave that meets the employee's needs without unduly disrupting the employer's operations, subject to of approval of the health care provider.

(g) An employer may waive employees' FMLA notice requirements. See § 825.304.