In complying with the requirement to provide the employer with notice of the need to take leave, the need to take leave may arise from an unforeseeable or unanticipated event. This could arise for example because circumstances have changed regarding planned leave or due to a medical emergency.

When the need to take leave is unforeseeable, the employee is required to provide the employer with notice of the need for leave as soon as practicable. This means, generally, that notice is provided within one or two business days of when the employee becomes aware of the need for leave. The timing of the notice is dependent upon the nature of the circumstances that cause the need for leave to arise.

The notice may be provided in person, by telephone, telegraph, fax or other electronic means. There may be circumstances in which the employee is incapable of providing notice personally, for example the employee may be unconscious in the hospital. When this occurs a representative of the employee, spouse, adult family member, doctor, attorney, etc., may provide the initial notice of the need for leave to the employer. For more detailed information, see Regulations 29 CFR Part 825.303.

Please return to the Previous Page to continue learning about employee responsibilities under FMLA.

Please return to the Main Menu for other information on FMLA.