Is an employee required to give advance notice if they will be taking FMLA leave?

Yes, an employee in New York is required to give advance notice if they will be taking FMLA leave. Under the Family and Medical Leave Act (FMLA), an employee must meet certain criteria to be eligible for job-protected leave for up to 12 weeks in a 12-month period. An employee is required to give their employer written notice at least 30 days before the start of the leave, unless not feasible due to medical emergency or other urgent circumstances. When an employee knows in advance that they will need to take FMLA leave, they should provide their employer with as much advance notice as possible. Employees should include information on their request for leave such as the start and end date, how much leave they will need, and the reason for the leave such as a serious health condition, a family member’s medical emergency, or care for a new child. The employee’s employer may also require proof that they are taking leave for a qualifying reason such as a doctor’s note. If an employee fails to provide advance notice of FMLA leave, their employer may deny the leave or may require an employee to start their leave at a later date. They may also be required to provide more information to prove eligibility for the leave. To meet their FMLA obligations, employees should discuss their need for leave with their employer and provide as much advance notice as possible.

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Is an employee required to give advance notice if they will be taking FMLA leave?

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