Chapter 6 - § 6.9 • EMPLOYEE'S NOTICE REQUIREMENTS

• Jurisdiction: Colorado

§ 6.9 • EMPLOYEE'S NOTICE REQUIREMENTS

To invoke the protection of the FMLA, the employee need not specifically assert his or her rights under the FMLA, or even mention the FMLA. Rather, he or she may simply inform the employer that leave is needed, and the employer must then determine whether that time off is covered by the FMLA. If an employee sufficiently describes as the basis for the request for leave any circumstance identified by the FMLA, the employer is obligated to inquire further to determine if FMLA leave is being requested. 29 C.F.R. §§ 825.302(c) and 825.303(b). Tate v. Farmland Indus., Inc., 268 F.3d 989, 997 (10th Cir. 2001).

When the need for leave is foreseeable, the employee must give 30 days' notice. 29 U.S.C. § 2612(e)(2)(B); 29 C.F.R. § 825.302. If 30 days' notice is not practicable because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. 29 C.F.R. § 825.302(a) and (b). When scheduling medical treatment, the employee must make a reasonable effort to schedule the leave so as to avoid any undue disruption of the employer's operations. 29 U.S.C. § 2612(e)(2)(A); 29 C.F.R. §§ 825.203 and 825.302(e).

The U.S. Supreme Court decided that where an employer had a more generous leave program and granted an employee a 30-week absence, the employer's failure to inform the employee that 12 weeks of such absence would count against her 12-week FMLA leave did not entitle the employee to an additional 12 weeks of FMLA leave following her 30-week absence. Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81, 90 (2002).

An employee on FMLA leave must comply with an employer's policy with respect to calling in absences. An employee may be disciplined for any failure to comply with an employer's reporting requirements. 29...