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What constitutes FMLA notice?

by on
in FMLA Guidelines,Human Resources

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

A.
No. To constitute sufficient notice, an employee must give the employer at least an oral notification sufficient to make the employer understand that he needs FMLA leave, as well as the anticipated timing and duration of such leave.

Simply calling in sick is not sufficient notice that an employee needs FMLA leave.

Although an employee seeking FMLA leave for the first time does not have to ask for it by name, an employee who was previously granted FMLA leave may be required to specifically reference either the qualifying reason for the leave or explicitly state the need for “FMLA leave.”

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