What constitutes employee notice?
An employee does have an obligation for an FMLA leave. If the leave is foreseeable, the employee must give notice as soon as practicable and FMLA regulations require explanation for the lack of a 30-day notice of planned leave. For unforeseeable leave, the employee needs to follow the company’s usual and customary absence notification procedure. The employee does not need to use the magic word “FMLA.” An employee must only provide verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave. This video reviews what constitutes an employee notice and discusses how to determine if the condition is FMLA-eligible.
Catherine T. Barbieri
Fox Rothschild LLP
- Co-chair of Fox Rothschild LLP’s nationwide Labor & Employment Practice, and partner in Fox Rothschild LLP’s Philadelphia office
- Senior trial lawyer
- Extensive experience handling a full range of employment matters, including discrimination and wrongful termination suits, restrictive covenant litigation, wage and hour compliance, and counseling and litigation avoidance
- Avid author and speaker, she lectures regularly to attorneys, human resource professionals and executives on disability and accommodation issues, managing leave under the Family and Medical Leave Act and responding to harassment complaints
- Serves as a member of the Board of Directors of Women’s Way and the Corporate Sponsors Board of the Philadelphia Museum of Art; at Fox, she is co-chair of the firm’s Partnership Advancement Committee, a member of the firm’s Diversity Committee, and a member of the Steering Committee of the firm’s Women’s Initiative, a former hiring partner of the firm, and a former chair of its Recruitment Committee
- Named a Super Lawyer or Rising Star by Philadelphia magazine and Law and Politics magazine for many years; also recognized as a 2010 Lawyer on the Fast Track by The Legal Intelligencer
- J.D. degree, University of Pennsylvania Law School; B.A. degree, Phi Beta Kappa, University of Delaware
- Can be contacted at 215-299-2839 or [email protected]
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