Requesting Leave Under the Family and Medical Leave Act (FMLA)

California employees not only have state-protected rights but also several federally protected rights aimed at ensuring fair treatment in the workplace. Among the many federally-protected rights that California employees have is the right to take unpaid, work-protected leave days for specific family and medical reasons under the Family and Medical Leave Act (FMLA). The FMLA provides leave for, among others, the care of a qualifying family member with a severe health condition, a critical medical issue that makes the worker unable to work, the birth of a child, and the care of a newborn. However, for an employee to take FMLA leave, they must give their employer appropriate notice in a reasonable manner. FMLA notice requirements may differ depending on the situation. Below, we discuss the general guidelines for requesting leave under the FMLA.

Information Needed for FMLA Notice

In most cases, workers are not required to mention the Family and Medical Leave Act to be protected by its provisions. However, as an employee, you must give enough information for your employer to know that your leave may be covered by the FMLA. Suppose your spouse falls seriously ill. You then tell your employer that you need leave to take care of your husband or wife, who is in hospital, and that you think you won’t be able to work for a week. This information is enough for your employer to know that your leave may be covered under the Family and Medical Leave Act.

When Should You Let Your Employer Know You Need FMLA Leave?

When you need FMLA leave, it is advisable that you notify your employer as soon as possible. Below are some guidelines on when employees are required to inform their employers about their need for FMLA leave;

When Leave is Foreseeable

If your need for FMLA leave is foreseeable, you are required to give your employer at least a month’s advance notice if feasible. For instance, if a medical appointment is scheduled in three months or you anticipate the birth of a child, your need for FMLA leave is foreseeable, and you must give your employer at least a month’s advance notice. If the situation changes or you are unsure when exactly you will require leave, you must notify your employer as soon as possible.

When Leave Is Unforeseeable

If you need FMLA leave unexpectedly, you are required to notify your employer as soon as feasible. For instance, if you need FMLA leave due to a medical emergency, you should give notice as soon as possible and practical. Often, this means you should notify your employer as soon as you become aware of the need for leave.

If you fail to give your employer sufficient or timely notice of the need for FMLA leave and do not have a reasonable reason, your employer may delay or deny your leave. It is also crucial to note that employers can choose to waive notice requirements.

Contact a California Employment Lawyer

If you are a California employee and have questions about your rights, speak with a knowledgeable California employment lawyer near you.