Is an employee required to give advance notice if they will be taking FMLA leave?
Yes, an employee is required to give advance notice if they will be taking leave under the Family Medical Leave Act (FMLA) in California. Generally speaking, the employee should provide their employer with at least 30 days’ notice of the intended use of FMLA leave. Whenever practicable, employees should also provide the specific dates and hours of the leave they are intending to take. If an employee is unable to provide 30 days’ notice of the intended use of FMLA leave due to medical reasons, they must give the employer as much advance notice as is practical. For example, the employee may provide notice on the same day or before their leave is scheduled to begin. Other forms of advanced notice may include a doctor’s note, a family member’s statement, or an employee’s statement. In addition, an employee must provide their employer with periodic updates or other information as requested by the employer, so that the employer can determine if the employee’s FMLA leave is still necessary and for how long. Employers should provide employees with a notice that outlines the employee’s right to use FMLA leave and the requirements for providing advanced notice of the employee’s intention to use the leave.
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