Reality check: What employee FMLA ‘notice’ can actually look like

Under the federal Family and Medical Leave Act (FMLA), employees have to put their employers on “notice” of the need for leave. But that notice can come in many (not-so-obvious) forms.

If, for example, while at work, an employee received a call saying that his father was in a car accident and was in the hospital, and the employee told his supervisor he was leaving, the supervisor should recognize that as notice of the need for leave.

To show how wonky employee notice can be, consider some court cases:

• In one court case, an employee’s sleeping on the job was seen as enough notice.
• In another court case, an employee’s crying on the job was seen as enough notice.
• In yet another case, an employee’s odd behavior on the job was enough notice.

No special words

When employees need leave for the first time for a particular reason, they don’t need to assert their FMLA rights, use any particular words or phrases, or even mention the FMLA.

That’s why anyone acting on behalf of the employer, including supervisors and managers, who receive such notice-related information from employees must be able to recognize a real or potential notice of the need for FMLA leave.

Think like a detective

In a way, managers and supervisors need to put their “detective” hats on when it comes to responding to employees’ potential leave scenarios. They must think beyond face value when communicating with employees and look for any clues that an FMLA case might be in the works.

Day-to-day examples of how an employee might give notice of the need for FMLA leave include the following:

• Providing a doctor’s note when taking time off.
• Requesting future time off for their own condition.
• Asking for time off to care for a family member.
• Being injured on the job resulting in time off.
• Calling out when the employee is unable to work or notifying the employer because of a medical condition (e.g., accidents).
• Learning that an employee (or family member) is hospitalized.
• Sharing that the employee has a medical condition.
• Sharing that the employee or the employee’s spouse is pregnant.
• Saying that the employee needs time off because of a family member’s military obligations.

No need to apply

Employees don’t need to “apply” for FMLA leave to trigger the employer’s FMLA obligations. Simply providing notice is enough.

Employers shouldn’t delay responding to leave notices, as they have 5 business days to get an employee an eligibility/rights & responsibilities notice.

Employers may have employees complete some form of leave application after the initial notice, but shouldn’t wait until the employees complete it before responding to the leave notice.