How Much Notice Must I Give Before Taking FMLA Leave?

When the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, an employee must give at least 30 days notice. If 30 days notice is not possible, an employee is required to provide notice “as soon as practicable.” In all cases, however, the determination of when an employee could practicably provide notice must account for the individual facts and circumstances. When the need for leave is unforeseeable, employees are required to provide notice as soon as practicable under the facts and circumstances of the particular case.

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Family and Medical Leave

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