To take FMLA leave, the employee must provide the employer with notice of the need to take leave. When providing notice, the employee is not required to identify the leave specifically as FMLA leave, but must provide sufficient information regarding the nature of the leave to enable the employer to make a determination of the applicability of FMLA. In all situations it is the employer’s responsibility to designate leave as FMLA leave.

If the leave is foreseeable the employee must notify the employer of the need for leave at least 30 days before the date leave is to begin. If the leave is foreseeable and the employee fails to provide the 30 day notice, the employer may delay the taking of leave until 30 days have elapsed after the date of the employee's notice.

Some possible examples of foreseeable need for leave are leave for the birth of a child, and leave for elective surgery. However, there may be a change in circumstances or a medical emergency that necessitates the taking of leave earlier than anticipated. For example, an employee's doctor may decide that to protect the health of the employee, a baby should be delivered through surgery earlier than the estimated date of delivery. When the circumstances change and leave is needed earlier than anticipated, the employee should notify the employer as soon as practicable (depending upon the circumstances, usually within one or two business days). See Regulations 29 CFR Part 825.302(d).

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