flexible. In general, an employee must provide 30 days’ advance notice of planned leave.
29 U.S.C. § 2612(e); 29 C.F.R. § 825.302(a); RCW 49.78.250. However, the
FMLA/WFLA recognize that 30 days advance notice is not always possible. In such
circumstances, an employee need only provide notice as soon as practicable. 29 U.S.C.
§ 2612(e); 29 C.F.R. § 825.302(a); RCW 49.78.250. When medical or family leave is
unforeseeable, no advance notice is required. 29 C.F.R. §§ 825.303(a), .305(b);
Lichtenstein v. Univ. of Pittsburg, 691 F.3d 294, 301 (3d Cir. 2012); Kauffman v. Fed.
15
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No. 35262-5-III
Espindola v. Apple King
Express Corp., 426 F.3d 880, 885-86 (7th Cir. 2005).
When it comes to certain types of conditions, an employee’s obligations with
respect to content and timing of notice are intertwined. Maternity leave, for example, is
something generally governed by a 30-day notice requirement. RCW 49.78.250(1). 5 But
during the course of a woman’s pregnancy, the need for protected leave will sometimes
be unpredictable. See 29 C.F.R. § 825.120(a)(4). For example, an expectant mother
may find herself surprisingly debilitated by morning sickness. In such circumstances,
the FMLA/WFLA recognize the right to take unforeseeable protected leave, even when
such leave does not involve hospitalization or other direct medical supervision. 29 C.F.R.
§§ 825.115(f), .120(a)(4).
An employee’s notice obligations generally include compliance with an
employer’s internal notification procedures. 29 C.F.R. §§ 825.302(d), .303(c), .304.
For example, an employer may require written notice or that notice be directed to a