Does calling in ‘sick’ constitute FMLA notice? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Does calling in ‘sick’ constitute FMLA notice?

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in FMLA Guidelines,Human Resources

Q. Is calling in “sick” sufficient notice that an employee needs FMLA leave?

A. No. The new FMLA regulations clarify that simply calling in sick won’t be sufficient to provide adequate notice of a need to take FMLA leave.

Employees don’t have to ask for FMLA leave by name or expressly assert their rights under the FMLA, but they should provide enough notice for the employer to understand the need for FMLA leave and its anticipated timing and duration.

If an employee took FMLA leave in the past for the same qualifying reason, he or she must either specifically reference the qualifying reason for the leave or specifically ask for FMLA leave. 

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