Am I required to give my employer notice before taking FMLA leave?

Yes, you are required to provide your employer with advance notice before taking Family and Medical Leave Act (FMLA) leave in New York. Under federal law, you have an obligation to give your employer at least 30 days advance notice when the need for leave is foreseeable. However, if you are unable to provide 30 days of advance notice due to extenuating circumstances, you must provide notice as soon as it is possible for you to do so. In addition to providing notice, you must also provide a certification from a qualified health care provider to your employer establishing that you are eligible for FMLA leave. Your employer may also require that you submit a completed FMLA application form before your leave is approved. It is important to note that there are certain situations in which an employer may deny your initial request for FMLA leave. In that case, you should contact your employer as soon as possible to discuss the details of your leave and how it will affect your work schedule. In summary, the answer to your question is yes. Before taking FMLA leave in New York, you are obligated to provide your employer with notice as well as the necessary paperwork before you are approved for leave.

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