Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employee is required to provide at least 30 days' notice of the need for leave when the need for leave is foreseeable. When the need for leave is not foreseeable, no amount of advance notice is required.
The employee must request leave, orally or in writing, and indicate that the leave is for a covered reason, but there is no requirement that the employee refer specifically to the FMLA or the CFRA. For an eligible employee to say simply "I need some time off for drug rehab" or "I am going to be out for back surgery" is sufficient notice of the employee's need for leave.
On the other hand, the employee must indicate that a medical leave is necessary for a serious health condition. An employee stating only that he is going to take a sick day, or that she will miss work for some doctors' appointments, is not sufficient. If the employee is unable to provide notice because he or she is hospitalized or otherwise incapacitated, a relative, a friend or the employee's physician may communicate the employee's need for leave.
You may request the employee to complete a written application for FMLA/CFRA leave, but if the employee fails to do so or is unable to do so on account of illness or injury, you are not relieved of your obligation to designate the leave as FMLA/CFRA leave if you have sufficient information to warrant such a designation.
You may require an employee to submit a...
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