for FMLA/WFLA protected leave.
Legal requirements for adequate notice
To invoke the right to protected leave, an employee must provide adequate notice
to his or her employer. 29 U.S.C. § 2612(e); RCW 49.78.250. The notice requirement is
“not onerous.” Preddie v. Bartholomew Consol. Sch. Corp., 799 F.3d 806, 816 (7th Cir.
2015). “An employee giving notice of the need for FMLA[/WFLA] leave does not need
to expressly assert rights under the Act or even mention the FMLA[/WFLA] to meet his
or her obligation to provide notice.” 29 C.F.R. § 825.301(b). Verbal notice is sufficient.
29 C.F.R. § 825.302(c). There are three general components of adequate FMLA/WFLA
notice: content, timing, and compliance with employer policy. The failure to meet any of
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No. 35262-5-III
Espindola v. Apple King
these three components can result in denial of FMLA/WFLA leave and protections. But
once an employee provides adequate notice, the employer must take responsive action.
With respect to content, an employee’s notice must refer to a condition that
qualifies for leave under the FMLA/WFLA. Protected leave does not apply to minor
illnesses; merely calling in sick is insufficient to trigger an employee’s right to protected
leave. 29 C.F.R. § 825.303(b). However, pregnancy-related incapacitation is an
explicitly covered condition. 29 C.F.R. § 825.115(b); RCW 49.78.020(16)(a)(ii)(B).
Also covered is incapacitation due to a serious medical condition that “makes
the employee unable to perform the functions” of the employee’s job. 29 U.S.C.
§ 2612(a)(1)(D); 29 C.F.R. § 112(a)(4); RCW 49.78.220(1)(d).
An employee’s responsibility with respect to timing of notice is somewhat