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Even if the employee doesn’t volunteer that he or she has a need for leave under the FMLA, what duty does the employer have?

Once an employer becomes aware that an employee’s need for leave is for a reason that qualifies under the FMLA, the employer must notify the employee that he or she is eligible for FMLA.  The employe does not need to specifically request time off under the FMLA. It is sufficient if the employer knows or learns that the employee needs to take time off for an event that qualifies as FMLA eligible leave.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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