How much notice do I have to provide my employer before taking FMLA leave?
In North Carolina, employers may require employees to provide up to thirty days of notice prior to taking Family Medical Leave Act (FMLA) leave. This means that employees should give their employer at least thirty days’ notice before taking FMLA leave. Employees are also required to provide the employer with a doctor’s note, if applicable, confirming the need for the leave. In the event of a medical emergency, employees may provide less than thirty days of notice, but must still provide written notice as soon as is practicable. In cases where an employee’s leave is foreseeable, such as a planned medical procedure or adoption of a child, employees must notify their employers at least thirty days prior to the anticipated start of the leave. If an employer requires additional information to determine eligibility for FMLA leave, the employer must provide the employee with a written response within five business days. Employees are expected to work with their employers to provide the necessary information and documents needed to verify eligibility for FMLA leave. This includes providing updated medical certifications and other documents as required by their employers. If employees cannot provide the required documents, employers may deny the employee’s request for FMLA leave.
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