Connecticut Administrative Code › Title 31 - Labor › 51rr - Family and Medical Leave for School Paraprofessionals › Section 31-51rr-35 - Employee failure to provide notice (29 CFR Section 825.304)

Current through July 10, 2024
(a)
Proper notice required.
In
			 all cases, in order for the onset of an employee's FMLA leave to be delayed due
			 to lack of required notice, it must be clear that the employee had actual
			 notice of the FMLA notice requirements. This condition would be satisfied by
			 the employer's proper posting of the required notice (
see
Appendix B) at the worksite where the employee is employed and the employer's
			 provision of the required notice in either an employee handbook or employee
			 distribution.
(b)
Foreseeable
			 leave-thirty (30) days.
When the need for FMLA leave is foreseeable at
			 least thirty (30) days in advance and an employee fails to give timely advance
			 notice with no reasonable excuse, the employer may delay FMLA coverage until
			 thirty (30) days after the date the employee provides notice. The need for
			 leave and the approximate date leave would be taken shall have been clearly
			 foreseeable to the employee thirty (30) days in advance of the leave. For
			 example, knowledge that an employee would receive a telephone call about the
			 availability of a child for adoption at some unknown point in the future would
			 not be sufficient to establish the leave was clearly foreseeable thirty (30)
			 days in advance.
(c)
Foreseeable leave-less than thirty (30) days.
When the need for
			 FMLA leave is foreseeable fewer than thirty (30) days in advance and an
			 employee fails to give notice as soon as practicable under the particular facts
			 and circumstances, the extent to which an employer may delay FMLA coverage for
			 leave depends on the facts of the particular case. For example, if an employee
			 reasonably should have given the employer two (2) weeks notice but instead only
			 provided one week notice, then the employer may delay FMLA-protected leave for
			 one week. Thus, if the employer elects to delay FMLA coverage and the employee
			 nonetheless takes leave one week after providing the notice, such as a week
			 before the two week notice period has been met, the leave will not be
			 FMLA-protected.
(d)
Unforeseeable leave.
When the need for FMLA leave is unforeseeable
			 and an employee fails to give notice in accordance with section
			 31-51rr-34 of the Regulations of
			 Connecticut State Agencies, the extent to which an employer may delay FMLA
			 coverage for leave depends on the facts of the particular case. For example, if
			 it may have been practicable for an employee to have given the employer notice
			 of the need for leave very soon after the need arises consistent with the
			 employer's policy, but instead the employee provided notice two (2) days after
			 the leave began, then the employer may delay FMLA coverage of the leave by two
			 (2) days.
(e)
Waiver of
			 notice.
An employer may waive employees' FMLA notice obligations or the
			 employer's own internal rules on leave notice requirements. If an employer does
			 not waive the employee's obligations under its internal leave rules, the
			 employer may take appropriate action under its internal rules and procedures
			 for failure to follow its usual and customary notification rules, absent
			 unusual circumstances, as long as the actions are taken in a manner that does
			 not discriminate against employees taking FMLA leave and the rules are not
			 inconsistent with section
			 31-51rr-34(a) of
			 the Regulations of Connecticut State Agencies.