When the need for leave is foreseeable based on an expected birth, placement for
adoption or foster care, or planned medical treatment, an employee must give at least 30
days notice. If 30 days notice is not possible, an employee is required to provide notice
“as soon as practicable.” Employees must also provide notice as soon as practicable for
foreseeable leave due to a qualifying exigency, regardless of how far in advance such
leave is foreseeable (see FAQ for military family leave for additional information). The
regulations clarify that it should be practicable for an employee to provide notice of the
need for leave that is foreseeable either the same day or the next business day. In all
cases, however, the determination of when an employee could practicably provide notice
must account for the individual facts and circumstances.
When the need for leave is unforeseeable, employees are required to provide notice as
soon as practicable under the facts and circumstances of the particular case, which the
regulations clarify will generally be within the time prescribed by the employer’s usual
and customary notice requirements applicable to the leave.