(a) When the approximate timing of the need for leave is not
foreseeable, an employee should give notice to the employer of the need
for FMLA leave as soon as practicable under the facts and circumstances
of the particular case. It is expected that an employee will give notice
to the employer within no more than one or two working days of learning
of the need for leave, except in extraordinary circumstances where such
notice is not feasible. In the case of a medical emergency requiring
leave because of an employee's own serious health condition or to care
for a family member with a serious health condition, written advance
notice pursuant to an employer's internal rules and procedures may not
be required when FMLA leave is involved.
(b) The employee should provide notice to the employer either in
person or by telephone, telegraph, facsimile (``fax'') machine or other
electronic means. Notice may be given by the employee's spokesperson
(e.g., spouse, adult family member or other responsible party) if the
employee is unable to do so personally. The employee need not expressly
assert rights under the FMLA or even mention the FMLA, but may only
state that leave is needed. The employer will be expected to obtain any
additional required information through informal means. The employee or
spokesperson will be expected to provide more information when it can
readily be accomplished as a practical matter, taking into consideration
the exigencies of the situation.
