When an employee seeks leave due to a previously approved FMLA leave, the employee must reference the qualifying reason or the need for FMLA leave. Calling in “sick” without additional information is not sufficient notice. If the employee fails to give the employer sufficient notice that the leave is for a possible FMLA-qualifying purpose, the employer may deny leave. The adequacy of the notice depends on the facts. If the employee has provided sufficient notice that the leave is for the approved FMLA-qualifying reason, requesting additional information beyond what is permitted by the FMLA regulations may result in an FMLA violation.
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FAQ Fridays
When an employee calls to report time off work under an approved intermittent FMLA leave, can we require them to give us more information than “FMLA leave” when they call to report the time off?
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