What type of notice must an employee give when taking FMLA leave?
Under the current and proposed regulations, an employee does not need to specifically assert his or her rights under FMLA, or even mention FMLA, when providing notice. The employee must provide “sufficient information” to make the employer aware of the need for FMLA leave and the anticipated timing and duration of the leave. The proposed regulation provides additional guidance for employees regarding what is “sufficient information.” It clarifies that the employee must indicate that he or she is unable to perform the functions of the job (or that a covered family member is unable to participate in regular daily activities), the anticipated duration of the absence, and whether he or she (or the family member) intends to visit a health care provider or is under the continuing care of a health care provider.
