What are the rules for obtaining notice that an employee needs FMLA leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

What are the rules for obtaining notice that an employee needs FMLA leave?

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in FMLA Guidelines,Human Resources

Q. Can we require our employees to give us notice of when they need FMLA leave? Can we require that notice in writing?

A. Under the FMLA, until you receive proper notice, you have no obligations. Once an employee has notified you, however, you have an obligation to act.

You cannot impose special notice rules on an employee seeking FMLA leave. For example, you cannot allow someone to orally request normal sick leave or other time off, but require someone seeking FMLA leave to notify you using a special FMLA request form.

Once you receive proper notice, the regulations do permit you to require filling out a request form after the fact, but the form is not the triggering notice under the law. The oral notice is the notice that counts.

Here are the general rules for FMLA notifications:

• Notice need only be oral.

• The employee is required to notify the person he or she normally notifies for other types of absences. You cannot c...(register to read more)

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