Some employers believe that their employees are required to specifically use the phrase “Family Medical Leave Act” or “FMLA” when they request time off that is covered by the FMLA. Don’t make this mistake.
The following text from Bachelder v. American West, 259 F3d 1112 (9th Cir. 2001), explains the rules about employee notice under the FMLA.
First, it is the employer’s responsibility, not the employee’s, to determine whether a leave request is likely to be covered by the Act. Employees must notify their employers in advance when they plan to take foreseeable leave for reasons covered by the FMLA, and as soon as practicable when absences are not foreseeable. Employees need only notify their employers that they will be absent under circumstances which indicate that the FMLA might apply:
The employee need not expressly assert rights under the FMLA or even mention the FMLA, but may only state that leave is needed [for a qualifying reason]. The employer should inquire further of the employee if it is necessary to have more information about whether FMLA leave is being sought by the employee, and obtain the necessary details of the leave to be taken. In the case of medical conditions, the employer may find it necessary to inquire further to determine if the leave is because of a serious health condition and may request medical certification to support the need for such leave.
“The FMLA does not require that an employee give notice of a desire to invoke the FMLA. Rather, it requires that the employee give notice of need for FMLA leave.”); In short, the employer is responsible, having been notified of the reason for an employee’s absence, for being aware that the absence may qualify for FMLA protection.
Bachelder provided two doctor’s notes to America West regarding her absences in February 1996. The company was therefore placed on notice that the leave might be covered by the FMLA, and could have inquired further to determine whether the absences were likely to qualify for FMLA protection.
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- Seattle Employment Law Alert – Employer Requests for Employee Health Information and the Genetic Information Nondiscrimination Act
- Seattle Employment Law Alert – EEOC Statement on Genetic Information Discrimination
- Seattle Employment Law – Conduct Resulting From a Disability is Part of the Disability and Not a Separate Basis for Termination
- Seattle Employment Law – Monitoring the Online Social Media Water Cooler
- Employment Law Alert – Hiring in Germany, Facebook May Be Off-Limits (not so in Washington)
