can I use FMLA leave without notifying employer?

11 Answers

Relevance
  • Bort
    Lv 6
    2 months ago

    No, you have to apply for FMLA. As far as I know, I've never used it but someone close recently has, it's quite easy to apply for. All the person that I know that took FMLA time off recently did was ask and say they needed time off to deal with family circumstances and responsibilities.

    All depends on your company's policy with it as to how to do it. Surely their policy is not you just take the time you want off and say it's for FMLA purposes. Have to apply for it.

    • Login to reply the answers
  • 2 months ago

    Most of the time, when someone stops showing up for work, their employer will notice. You might be able to get away with it, but it's unlikely you'd be able to get away with it for too long though. If you do get caught, since you didn't notify them that you were using FMLA, you wouldn't be protected by it and they're likely to just fire you as a no-show employee.

    • Login to reply the answers
  • 2 months ago

    That would be literally IMPOSSIBLE, even if legal. You CAN'T simply stop showing up without informing your employer without being considered QUITTING.

    • Login to reply the answers
  • 2 months ago

    You have to notify them as per company policy for any other absence. So if a call out is required, then do that.

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 2 months ago

    No, you cannot.

    • Login to reply the answers
  • Sally
    Lv 7
    2 months ago

    No, it has to be done through your employer.

    • Login to reply the answers
  • Lisa A
    Lv 7
    2 months ago

    Absolutely not. You need to invoke your right to FMLA IN WRITING to your employer.

    • Login to reply the answers
  • blank
    Lv 5
    2 months ago

    Sure you can  (IF you don't mind losing your job because you all of a sudden stop showing up for work).

    • Login to reply the answers
  • 2 months ago

    Your employer may choose to extend FMLA protection, but they are not required to do so unless you give them notice. Even then, you must still qualify for FMLA protection as summarized below. 

    • The employee must have been employed with the company for 12 months.

    • The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave.

    • The employer is one who employs 50 or more employees within a 75-mile radius of the worksite.

    Best practices is to give your employer written notice that you are invoking the protections of the Family Medical Leave Act (FMLA) as of a certain date. 

    • Login to reply the answers
  • 2 months ago

    No. Any leave would have to be with their knowledge and consent.

    • Gypsyfish
      Lv 7
      2 months agoReport

      They don't have to consent. They are legally obligated to give FMLA leave. But they do have to process the paperwork.

    • Login to reply the answers
Still have questions? Get your answers by asking now.