Sec.31-51qq-29. What recourse do employers have if employees fail to provide the required notice?

(a) An employer may waive employees’ FMLA notice obligations or the employer’s own internal rules on leave notice requirements.

(b) If an employee fails to give thirty (30) days’ notice for foreseeable leave with no reasonable excuse for the delay, the employer may delay the taking of FMLA leave until thirty (30) days after the date the employee provides notice to the employer of the need for FMLA leave.

(c) In all cases, in order for the onset of an employee’s FMLA leave to be delayed due to lack of required notice, it shall be clear that the employee had actual notice of the FMLA notice requirements. The need for leave and the approximate date leave would be taken shall have been clearly foreseeable to the employee thirty (30) days in advance of the leave. For example, knowledge that an employee would receive a telephone call about the availability of a child for adoption at some unknown point in the future would not be sufficient.

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