R.C.S.A. § 31-51qq-29
What recourse do employers have if employees fail to provide the required notice?
Cite as Conn. Agencies Regs. § 31-51qq-29
(See 29 CFR § 825.304)
(a) An employer may waive employees' FMLA notice obligations or the employer's own internal
rules on leave notice requirements.
(b) If an employee fails to give 30 days notice for foreseeable leave with no reasonable
excuse for the delay, the employer may delay the taking of FMLA leave until at least
30 days after the date the employee provides notice to the employer of the need for
FMLA leave.
(c) In all cases, in order for the onset of an employee's FMLA leave to be delayed due
to lack of required notice, it shall be clear that the employee had actual notice
of the FMLA notice requirements. The need for leave and the approximate date leave
would be taken shall have been clearly foreseeable to the employee 30 days in advance
of the leave.
(1) 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.