Section 15 Notice?Request by Employee

• Library: Employment Discrimination 2008

An employee does not need to specifically mention the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601 et seq., by name to obtain the protections of the law. 29 C.F.R. § 825.302(c). But employees are required to give their employers 30 days’ notice of their intent to take leave, or as much notice as it is “practicable.” 29 C.F.R. § 825.302(a). An employee who has notice of a qualifying condition well in advance but does not give the employer at least 30 days’ notice is not entitled to FMLA coverage. Gilliam v. United Parcel Serv., Inc.,
233 F.3d 969 (7^th Cir. 2000) (plaintiff knew for 8 months his fiancé was expecting). Failure to provide timely notice for foreseeable leave may result in a delay of the requested leave. 29 C.F.R. §§ 825.304(b) and 825.312(a). The employee may provide notice “in person or by telephone, telegraph, facsimile (“fax”) machine or other electronic means.” 29 C.F.R. § 825.303(b).

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