Sec.31-51qq-28. What are the requirements for an employee to furnish notice to an employer where the need for FMLA leave is not foreseeable?

(a) Timing of notice. When the approximate timing of the need for leave is not foreseeable, an employee shall give such notice to the employer of the need for FMLA leave as soon as practicable under the facts and circumstances of the particular case. An employee shall give notice to the employer not later than one (1) or two (2) business days of learning of the need for leave, except in extraordinary circumstances of the particular case where such notice is not feasible. In the case of a medical emergency requiring leave because of an employee’s own serious health condition or to care for a family member with a serious health condition, written advance notice pursuant to an employer’s internal procedures may not be required when FMLA leave is involved.

(b) The employee shall provide notice to the employer either in person or by telephone, email, facsimile machine (“fax”), text message or other electronic means. If the employee is unable to give notice personally, the employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) may give notice. 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 only state that leave is needed. In any circumstance where the employer does not have sufficient information about the reason for an employee’s use of leave, the employer shall seek additional information from the employee or the spokesperson to determine whether the leave is potentially qualifying. When an employee seeks leave due to an 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. The employer shall obtain any additional required information through informal means. The employee or spokesperson shall provide more information when it can readily be accomplished as a practical matter, taking into consideration the exigencies of the situation. For example, if an employee's child has a severe asthma attack and the employee takes the child to the emergency room, the employee shall not be required to leave his or her child in order to report the absence while the child is receiving emergency treatment. However, if the child's asthma attack required only the use of an inhaler at home followed by a period of rest, the employee shall be expected to call the employer promptly after ensuring the child has used the inhaler.

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