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- What constitutes FMLA notice?
David B. Ritter
Neal, Gerber & Eisenberg LLP
Chicago
http://ngelaw.com
dritter@ngelaw.com
(312) 269-8444
David B. Ritter chairs Neal Gerber Eisenberg’s
Labor & Employment Practice Group, where he represents management
in all areas of labor and employment law. He has extensive nationwide
experience in federal and state court litigation in the areas of
employment discrimination, including harassment claims, noncompete,
trade secret and restrictive covenants, employment torts and all other
litigation related to the employment relationship. David routinely
handles matters before governmental agencies, including the Equal
Employment Opportunity Commission, state equal employment commissions,
the Department of Labor and the OFCCP. David has also defended
employers faced with claims under Sarbanes-Oxley. He handles National
Labor Relations Board proceedings and arbitration, as well as
affirmative action plans, employment issues related to corporate
transactions and counseling of employers on employment issues. He
represents mainly high-level executives on issues related to employment
and separation agreements. David has a special knowledge in training
employees in the entire range of employment law issues.
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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