How much notice must an employee give before taking FMLA leave?
Under the current and proposed regulations, and as required by the statute, when the need for leave is foreseeable, an employee must give at least 30 days notice. If 30 days notice is not possible, an employee is required to provide notice “as soon as practicable.” Under the current regulations, this provision has been interpreted to mean that an employee’s notice is sufficient if it takes place within two business days from the date the need for leave becomes known, even when it would have been practicable for the employee to provide notice sooner. The proposed regulations reiterate the current regulatory requirement that in all instances in which 30 days notice is not possible, employees are expected to provide notice of the need for leave as soon as practicable. The proposed regulations make clear, however, that “as soon as practicable” does not mean that employees may delay providing notice of the need for FMLA leave to their employers. When the need for foreseeable leave is not kn
