Q. What rights does an employer have if an employee fails to give timely notice of FMLA leave?
A. It depends on whether the leave was foreseeable.
1. Foreseeable leave (30 days): When the need for is foreseeable at least 30 days in advance, and the employee fails to provide at least 30 days’ advance notice, the employer may delay coverage until 30 days after the date the employee provides notice.
2. Foreseeable leave (fewer than 30 days) and unforeseeable leave: When the need for FMLA leave is foreseeable fewer than 30 days in advance—or is unforeseeable—and an employee fails to give notice as soon as practicable, the employer’s right to delay FMLA coverage for leave will vary depending on how much notice should have been given.
For example, if an employee should have given two weeks’ notice, but only provided one, the employer will be able to delay FMLA coverage for one week.
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