May an employee use leave under the Family Medical Leave Act only when scheduled in advance, or may it be used on an “as needed” basis when the need arises? —From our Webinar.
The federal regulations say an eligible employee should provide 30 days’ notice if the need for leave is foreseeable, and if not foreseeable 30 days in advance, the employee should provide notice as soon as practicable. For intermittent leave, the “reasonableness” of the notice depends on the condition, and employers typically require that the employee comply with the procedure/policy used for other call-outs. FMLA leave does not have to be used consecutively for the entire allowable period and may be used periodically as the need arises.
Thanks to Bill Kennedy of Montgomery McCracken for the specific answer to this question during our Webinar on personnel policy handbooks.
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