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Under FMLA (Family Medical Leave Act), an employee must provide the employer with enough information and notice for the employer to reasonable suspect that the employee may qualify for FMLA leave (or CFRA - California Family Rights Act). The employee can do this by stating that the reason he needs the leave is because of the serious medical condition or the impending medical treatment.
Employer, who terminate an employee who would otherwise qualify for FMLA, often justify termination by arguing that firing an employee was legal because he did not specifically request FMLA or CFRA leave. However, this defense has no merit, as the California regulations are clear that an employee does not need to specifically mention the words FMLA or CFRA to meet the notice requirement. All that an employee needs to do to qualify for such leave is to state the reason why the leave is needed. In fact, the courts have found that notice may be sufficient when employees call employers to tell them that they or their children are sick and they will be absent from work. Once such notice is provided, it is the responsibility of the employer to inquire further whether the same employee is actually qualified for FMLA leave.
Medium size employers in the Sacramento area are particularly prone to violating FMLA, as they are large enough to be bound by the FMLA provisions, but often do not have the infrustracture in place to educate their supervisors and managers on handling requiest for medical leave.
Violations of FMLA may give rise to other claims, including retaliation for asserting FMLA rights, disability discrimination and failure to accomodate, if FMLA leave is requested in connection with the serious medical condition which may be considered a disability and other actions.
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