You need to give notice to your employer that you are taking leave under the FMLA.  You can't just take time off.  If you don't give notice then you don't get the benefits under FMLA.  You must give your employer valid notice of leave. The Department of Labor has created regulations that describe notice rules depending upon the particular facts of the case.  Check them. 

One of the key issues in any FMLA retaliation case is whether the employee gave proper notice to their employer.  Think about it this way.  Your employer can't read your mind.  If you want leave, then to have to tell your employer.  Also, under the FMLA you not only have to tell your employer you want leave, you also have to tell them why.  And the reason must be a qualifying reason.  That is for a different FAQ.  

Better yet, if you want to make sure there is no doubt about your leave claim then why not put your leave claim in writing?  And before you do, double check to make sure that your condition is serious enough to qualify.   

Giving proper notice of leave is one of the most import part of securing you important rights under the FMLA.

If you or anyone you know has any questions about FMLA notice rules, or believes you are being punished for taking rights under FMLA then contact our Groton law office.  We are here to help.  Call us at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, Connecticut at 860-445-8521 or toll free at 888-717-4211.

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut