• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

What is the employee’s responsibility to notify us she needs FMLA leave?

by on
in FMLA Guidelines,Human Resources

BY RALPH A. PETERSON and JOHN F. WINDHAM

Q. We received a note from an employee’s physician simply stating that she was ill. On one occasion, she had to go to the emergency room from work, and she subsequently called in sick one day about a month or two later. Is this sufficient notice under the FMLA to require us to regard this as a request for extended FMLA leave?

A.
Under recent court decisions and the new FMLA regulations, the situation you describe would not constitute sufficient notice of the employee’s intent to take FMLA leave. She simply has not informed you as to the seriousness of her health condition or shown any facts that the condition would require extended leave. That’s what the FMLA requires.

Merely informing the employer that the employee was sick is insufficient to suggest the existence of an FMLA-qualifying condition. The new regulations require that the employee provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.

An employer can deny FMLA leave if an employee fails to respond to reasonable inquiries designed to determine if the leave would qualify under the FMLA.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/9243/what-is-the-employees-responsibility-to-notify-us-she-needs-fmla-leave "

Leave a Comment