Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-34 - Employee notice requirements for unforeseeable FMLA leave (29 CFR Section 825.303)

Current through July 10, 2024
(a)
Timing of
			 notice.
When the approximate timing of the need for leave is not
			 foreseeable, an employee shall provide notice to the employer as soon as
			 practicable under the facts and circumstances of the particular case. It
			 generally may be practicable for the employee to provide notice of leave that
			 is unforeseeable within the time prescribed by the employer's usual and
			 customary notice requirements applicable to such leave. Notice may be given by
			 the employee's spokesperson, such as a spouse, adult family member, or other
			 responsible party, if the employee is unable to do so personally. For example,
			 if an employee's child has a severe asthma attack and the employee takes the
			 child to the emergency room, the employee would not be required to leave his or
			 her child in order to report the absence while the child is receiving emergency
			 treatment. However, if the child's asthma attack required only the use of an
			 inhaler at home followed by a period of rest, the employee is expected to call
			 the employer promptly after ensuring the child has used the inhaler.
(b)
Content of notice.
An
			 employee shall provide sufficient information for an employer to reasonably
			 determine whether the FMLA may apply to the leave request. Depending on the
			 situation, such information may include that a condition renders the employee
			 unable to perform the functions of the job; that the employee is pregnant or
			 has been hospitalized overnight; whether the employee or the employee's family
			 member is under the continuing care of a health care provider; if the leave is
			 due to a qualifying exigency, that a covered military member is on active duty
			 or call to active duty status, that the requested leave is for one of the
			 reasons listed in section
			 31-51rr-13(a) of
			 the Regulations of Connecticut State Agencies, and the anticipated duration of
			 the absence; or if the leave is for a family member that the condition renders
			 the family member unable to perform daily activities or that the family member
			 is a covered servicemember with a serious injury or illness; and the
			 anticipated duration of the absence, if known. When an employee seeks leave for
			 the first time for a FMLA-qualifying reason, the employee need not expressly
			 assert rights under the FMLA or even mention the FMLA. When an employee seeks
			 leave due to a qualifying reason, for which the employer has previously
			 provided the employee FMLA-protected leave, the employee must specifically
			 reference either the qualifying reason for leave or the need for FMLA leave.
			 Calling in "sick" without providing more information will not be considered
			 sufficient notice to trigger an employer's obligations under the Act. The
			 employer will be expected to obtain any additional required information through
			 informal means. An employee has an obligation to respond to an employer's
			 questions designed to determine whether an absence is potentially
			 FMLA-qualifying. Failure to respond to reasonable employer inquiries regarding
			 the leave request may result in denial of FMLA protection if the employer is
			 unable to determine whether the leave is FMLA-qualifying.
(c)
Complying with employer
			 policy.
When the need for leave is not foreseeable, an employee must
			 comply with the employer's usual and customary notice and procedural
			 requirements for requesting leave, absent unusual circumstances. For example,
			 an employer may require employees to call a designated number or a specific
			 individual to request leave. However, if an employee requires emergency medical
			 treatment, he or she would not be required to follow the call-in procedure
			 until his or her condition is stabilized and he or she has access to, and is
			 able to use, a phone. Similarly, in the case of an emergency requiring leave
			 because of a FMLA-qualifying reason, written advance notice pursuant to an
			 employer's internal rules and procedures may not be required when FMLA leave is
			 involved. If an employee does not comply with the employer's usual notice and
			 procedural requirements, and no unusual circumstances justify the failure to
			 comply, FMLA-protected leave may be delayed or denied.