Select Page

Family and Medical Leave Act Notice

FMLA Notice Wisconsin

Under the Family and Medical Leave Act (FMLA), the employer generally has a right to advance notice from the employee of his or her need for leave. In addition, the employer may require an employee to submit a medical certification to substantiate that the leave is due to a qualifying reason.

Foreseeable and Unforeseeable Leave

Employees must provide 30 days advanced notice when the need for leave is foreseeable and notice is practicable. If an employee’s need for leave is within 30 days away or unforeseeable, the employee must provide notice as soon as possible.

Employees must also provide sufficient information for an employer reasonably to determine whether the leave may qualify as FMLA

Employees must also comply with the employer’s usual and customary notice and procedural requirements for requesting FMLA leave

Notice may be given by the employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) if the employee is unable to do so personally.

Intermittent Leave & Scheduling Medical Treatment

For an employee to take intermittent FMLA leave, or leave on a reduced schedule, it must be medically necessary due to a serious health condition or a serious injury or illness. The employee and employer must then attempt to work out a schedule for medical treatment and leave that meets the employee’s needs without unduly disrupting the employer’s operations.

Failure To Provide Notice

If an employee’s fails to comply with these requirements, it may result in a delay in the start of his or her FMLA leave, or a denial of FMLA leave altogether.

Employer Requirements

Employers must prominently post FMLA posters around the workplace and create an FMLA policy, either in the Employee Handbook or separately and distributed to all employees

 

Call Now Button