Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-33 - Employee notice requirements for foreseeable FMLA leave (29 CFR Section 825.302)

Current through July 10, 2024
(a)
Timing of
			 notice.
An employee must provide the employer at least thirty (30) days
			 advance notice before FMLA leave is to begin if the need for the leave is
			 foreseeable based on an expected birth, placement for adoption or foster care,
			 planned medical treatment for a serious health condition of the employee or of
			 a family member, or the planned medical treatment for a serious injury or
			 illness of a covered servicemember. If thirty (30) days notice is not
			 practicable, such as because of a lack of knowledge of approximately when leave
			 will be required to begin, a change in circumstances, or a medical emergency,
			 notice shall be given as soon as practicable. For example, an employee's health
			 condition may require leave to commence earlier than anticipated before the
			 birth of a child. Similarly, little opportunity for notice may be given before
			 placement for adoption. For foreseeable leave due to a qualifying exigency,
			 notice must be provided as soon as practicable, regardless of how far in
			 advance such leave is foreseeable. Whether FMLA leave is to be continuous or is
			 to be taken intermittently or on a reduced schedule basis, notice need only be
			 given one time, but the employee shall advise the employer as soon as
			 practicable if dates of scheduled leave change or are extended, or were
			 initially unknown. In those cases where the employee is required to provide at
			 least thirty (30) days notice of foreseeable leave and does not do so, the
			 employee shall explain the reasons why such notice was not practicable upon a
			 request from the employer for such information.
(b)
As soon as practicable
means
			 as soon as both possible and practical, taking into account all of the facts
			 and circumstances in the individual case. When an employee becomes aware of a
			 need for FMLA leave less than thirty (30) days in advance, it may be
			 practicable for the employee to provide notice of the need for leave either the
			 same day or the next business day. In all cases, however, the determination of
			 when an employee could practicably provide notice shall take into account the
			 individual facts and circumstances.
(c)
Content of notice.
An
			 employee shall provide at least verbal notice sufficient to make the employer
			 aware that the employee needs FMLA-qualifying leave, and the anticipated timing
			 and duration of the leave. 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,
			 and that the requested leave is for one of the reasons listed in section
			 31-51rr-13(a) of
			 the Regulations of Connecticut State Agencies; 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 FMLA-qualifying reason, for which
			 the employer has previously provided FMLA-protected leave, the employee shall
			 specifically reference the qualifying reason for leave or the need for FMLA
			 leave. In all cases, the employer may 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. An
			 employer may also request certification to support the need for leave for a
			 qualifying exigency or for military caregiver leave. When an employee has been
			 previously certified for leave due to more than one FMLA-qualifying reason, the
			 employer may need to inquire further to determine for which qualifying reason
			 the leave is needed. 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.
(d)
Complying with employer
			 policy.
An employer may require an employee to comply with the
			 employer's usual and customary notice and procedural requirements for
			 requesting leave, absent unusual circumstances. For example, an employer may
			 require that written notice set forth the reasons for the requested leave, the
			 anticipated duration of the leave, and the anticipated start of the leave. An
			 employee also may be required by an employer's policy to contact a specific
			 individual. Unusual circumstances would include situations such as when an
			 employee is unable to comply with the employer's policy that requests for leave
			 should be made by contacting a specific number because on the day the employee
			 needs to provide notice of his or her need for FMLA leave there is no one to
			 answer the call-in number and the voice mail box is full. Where 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. However, FMLA-protected leave may not be
			 delayed or denied where the employer's policy requires notice to be given
			 sooner than set forth in subsection (a) of this section and the employee
			 provides timely notice as set forth in subsection (a) of this
			 section.
(e)
Scheduling
			 planned medical treatment.
When planning medical treatment, the employee
			 must consult with the employer and make a reasonable effort to schedule the
			 treatment so as not to disrupt unduly the employer's operations, subject to the
			 approval of the health care provider. Employees are ordinarily expected to
			 consult with their employers prior to the scheduling of treatment in order to
			 work out a treatment schedule which best suits the needs of both the employer
			 and the employee. For example, if an employee who provides notice of the need
			 to take FMLA leave on an intermittent basis for planned medical treatment
			 neglects to consult with the employer to make a reasonable effort to arrange
			 the schedule of treatments so as not to unduly disrupt the employer's
			 operations, the employer may initiate discussions with the employee and require
			 the employee to attempt to make such arrangements, subject to the approval of
			 the health care provider.
(f)
			 Intermittent leave or leave on a reduced leave schedule shall be medically
			 necessary due to a serious health condition or a serious injury or illness. An
			 employee shall advise the employer, upon request, of the reasons why the
			 intermittent/reduced leave schedule is necessary and of the schedule for
			 treatment, if applicable. The employee and employer shall attempt to work out a
			 schedule for such leave that meets the employee's needs without unduly
			 disrupting the employer's operations, subject to the approval of the health
			 care provider.
(g) An employer may
			 waive employees' FMLA notice requirements.