Sec.31-51qq-27. What notice does an employee have to give an employer when the need for FMLA leave is foreseeable?

(a) Timing of notice. For purposes of sections 31-51qq-1 to 31-51qq-52, inclusive, of the Regulations of Connecticut State Agencies, “as soon as practicable” means notice as soon as both possible and practical, taking into account all of the facts and circumstances in the individual case. For foreseeable leave where it is not possible to give as much as thirty (30) days’ notice, as soon as practicable ordinarily would mean at least verbal notification to the employer within one (1) or two (2) business days of when the need for leave becomes known to the employee. An employer shall take into account the individual facts and circumstances of an employee's notice when determining whether the notice was given as soon as practicable.

(b) An employee shall provide the employer at least thirty (30) days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or a family member, or the planned medical treatment for a serious injury or illness of a covered servicemember, as defined by section 31-51qq-50(a)(1) of the Regulations of Connecticut State Agencies. If thirty (30) days’ notice is not practicable, such as because of a lack of knowledge of approximately when leave shall be required to begin, a change in circumstances, or a medical emergency, the employee shall give notice as soon as practicable.

(1) For example, an employee’s health condition may require leave to commence earlier than anticipated before the birth of a child. Similarly, little opportunity for notice may be given before placement for adoption.

(2) For foreseeable leave due to a qualifying exigency, as described in section 31-51qq-49 of the Regulations of Connecticut State Agencies, the employee shall give notice as soon as practicable, regardless of how far in advance such leave is foreseeable.

(3) Whether FMLA leave is to be continuous or is to be taken intermittently or on a reduced schedule basis, the employee need only give notice one time, but the employee shall advise the employer as soon as practicable if dates of scheduled leave change or are extended, or were initially unknown.

(4) In those cases where the employee is required to provide at least thirty (30) days’ notice of foreseeable leave and does not do so, the employee shall explain the reasons why such notice was not practicable upon request from the employer.

(c) Content of notice. An employee shall provide at least verbal notice sufficient to make the employer aware that the employee needs qualifying leave, and the anticipated timing and duration of the leave. Depending on the situation, such information may include that a condition renders the employee unable to work, attend school, or perform other regular daily activities due to the serious health condition; that the employee is pregnant or has been hospitalized overnight; whether the employee or the employee's family member is under the continuing care of a health care provider; if the leave is due to a qualifying exigency, as described in section 31-51qq-49 of the Regulations of Connecticut State Agencies, that a military member is on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty), that the requested leave is for one of the reasons listed in section 31-51qq-49 of the Regulations of Connecticut State Agencies; if the leave is for a family member, that the condition renders the family member unable to perform daily activities, or that the family member is a covered servicemember; and the anticipated duration of the absence, if known. When an employee seeks leave for the first time for a qualifying reason, the employee need not expressly assert rights under the FMLA or even mention the FMLA, but may state only that leave is needed. When an employee seeks leave due to a qualifying reason, for which the employer has previously provided FMLA-protected leave, the employee shall specifically reference the qualifying reason for leave or the need for FMLA leave. In all cases, the employer shall request additional information from the employee if it needs more information about whether FMLA leave is being sought by the employee and to obtain the necessary details of the leave to be taken. In the case of medical conditions, the employer may find it necessary to request additional information from the employee to determine whether the leave is because of a serious health condition and whether it may request medical certification to support the need for such leave. An employer may also request certification to support the need for leave for a qualifying exigency, as described in section 31-51qq-49 of the Regulations of Connecticut State Agencies, or for military caregiver leave. When an employee has been previously certified for leave due to more than one (1) qualifying reason, the employer may need to request additional information from the employee to determine for which qualifying reason the leave is needed. An employee has an obligation to respond to an employer's questions designed to determine whether an absence is potentially qualifying. Failure to respond by the employee to reasonable employer inquiries regarding the leave request may result in denial of FMLA protection if the employer is unable to determine whether the leave is qualifying.

(d) Complying with the employer policy. An employer may require an employee to comply with the employer’s usual and customary notice and procedural requirements for requesting leave. For example, an employer may require that written notice set forth the reasons for the requested leave, the anticipated duration of the leave, and the anticipated start of the leave. However, an employer shall not deny or delay an employee’s taking FMLA leave if the employee fails to follow internal employer procedures, and instead gives timely verbal or other notice.

(e) Scheduling planned medical treatment. When planning medical treatment, the employee shall consult with the employer and make a reasonable effort not to disrupt unduly the employer’s operations, subject to the approval of the health care provider. Employees are ordinarily expected to consult with their employers prior to the scheduling of treatment in order to work out a treatment schedule which best suits the needs of both the employer and the employee. If an employee neglects to consult with the employer to make a reasonable effort to arrange the schedule of treatments so as not to unduly disrupt the employer’s operations, the employer may initiate such discussions and require the employee to try to make such arrangements, subject to the approval of the health care provider.

(f) In the case of intermittent leave or leave on a reduced schedule which is medically necessary due to a serious health condition or a serious injury or illness, an employee shall advise the employer, upon request, why the intermittent leave or reduced schedule leave is necessary and the schedule for treatment, if applicable. The employee and employer shall attempt to work out a schedule for such leave that meets the employee’s needs without unduly disrupting the employer’s operations, subject to the approval of the health care provider.

(g) An employer may waive employee FMLA notice obligations or the employer’s own internal rules on leave notice requirements. In addition, an employer may not require compliance with stricter FMLA notice requirements where the provisions of a collective bargaining agreement allow less advance notice to the employer.

(Adopted effective March 9, 1999; Amended August 3, 2022)