How Much Notice Must an Employee Give for FMLA Leave?

FMLA family medical leave act, FMLA computer clipboard glasses stethoscope

At some point, it may become necessary for employees to take time off of work. Employees have a right to take a leave of absence for several reasons including illness, injury, and to care for a loved one. If you need to request FMLA leave, it’s crucial to provide your employer with as much notice as possible. Please continue reading to learn how much notice you must provide your supervisor for FMLA leave and why connecting with a determined New York Employee Rights Lawyer is in your best interest. 

What is FMLA Leave?

Firstly, it’s important to understand that as an employee, you have federally protected rights. One of those rights includes FMLA leave. The Family and Medical Leave Act grants employees the right to take a leave of absence for numerous reasons, including the employee’s serious health condition, a serious injury, an injury to a family member, or the opportunity to bond with a child. In addition, it allows leave to spend time with a spouse before they depart on active military duty. To be eligible for FMLA leave, you must meet the following criteria:

  • You have worked for your employer for at least 12 months
  • You have worked for your employer for at least 1,250 hours in the 12 months before you are taking leave
  • You work at a location where your employer has at least 50 employees within 75 miles of your workplace

What Are the Notice Requirements?

Generally, FMLA leave begins with an employee’s request for time off. This can be accomplished through verbal or written communication. Employees must provide their employer with notice of when they need to take time off and the amount of leave needed. While you don’t need to tell your employer every detail surrounding your leave, you must provide them with enough information to determine whether the work absence is FMLA-protected.

It’s important to note that FMLA requires employees to give their employer as much notice as possible when they need to leave for a qualifying reason. If you know in advance that you will need leave, you must give your employer 30 days’ notice. If this is not possible to give your employer 30 days’ notice, you must notify your supervisor as soon as you can. Notice is required if the leave is foreseeable such as an expected childbirth or a planned medical treatment. You will need to inform your employer if at any point your situation changes while you are absent. For instance, if your doctor deems that you can return to work before your expected return date. Your employer can require periodic updates on your status and when you will be able to return to work.

Understandably, an employee may require FMLA leave in the event of an emergency, with little to no opportunity to provide advance notice. Under federal law, employees only have to give their employers reasonable notice as soon as practicable, given the unique circumstances of their situation.

As an employee, it’s imperative to understand your rights. If you have questions regarding your responsibilities when requesting FMLA leave, please don’t hesitate to contact a knowledgeable lawyer from Bell Law Group, PLLC. Our dedicated legal team is prepared to help protect your rights and interests.

Get Your Free Consultation