Failure to follow an employer’s “usual and customary notice and procedural requirements” is also ground to deny FMLA leave. 29 CFR § 825.302(d); 29 CFR § 825.303(c).

302(c) (2006)” \s "§ 825.302(c) (2006)" \c 4 }29 C.F.R. § 825.302(c) (2006). In providing such notice, the employee is not required to “expressly assert rights under the FMLA or even mention the FMLA....” Id.

On March 18, 2008, Harvey personally to his supervisor that he was too ill to work and needed to go to the hospital. Waste Management’s argument has no merit based upon the language contained in 29 C.F.R. §825.302 (d) which prohibits an employer from disallowing or delaying an employee’s FMLA leave if the employee gives timely verbal or other notice. Since Harvey gave timely, verbal notice, Waste Management cannot lawfully deny Harvey’s request to treat Harvey’s March 18, 2008 absence as FMLA qualifying.

See Andrews v. CSX Transp., Inc., 737 F. Supp. 2d 1342, 1350–51 (M.D. Fla. 2010) (citing 29 C.F.R. § 825.208(a)(2)); Cruz v. Publix Super Markets, Inc., 428 F.3d 1379, 1383 (11th Cir. 2005) (citing 29 C.F.R. §§ 825.302(c), 825.303(b)).

DOL regulations state that ‘the employee need not expressly assert rights under the FMLA or even mention the FMLA, but may only state that leave is needed.” Xin Liu v. Amway Corp., 347 F 3d 1125, 1134 (9th Cir. 2003) (internal citation omitted); 29 C.F.R. §825.302(c). Defendant admits it failed to inform Ambrose of the availability of OFLA leave.

In fact, an employee need not expressly assert rights under the FMLA or even mention the FMLA. Moss, 534 F.Supp.2d at 1200; see, also, 29 C.F.R. 825.302(c); Zhu v. Fed. Hous. Fin. Bd., 389 F.Supp.2d 1253, 1289 (D.Kan. 2005); Tate v. Farmland Indus., 268 F.3d 989, 997 (10th Cir. 2001).

The FMLA regulations state, for example, that “[t]he employer should inquire further of the employee if it is necessary to have more information about whether FMLA leave is being sought by the employee, and obtain the necessary details of the leave to be taken.” 29 C.F.R. § 825.302(c); see 29 C.F.R. § 825.303(b) (once the employee provides notice, the employer “will be expected to obtain any additional required information through informal means”).

Employees “need not expressly assert rights under the FMLA or even mention the FMLA, but may only state leave is needed” to gain protection under the act. 29 C.F.R. §§ 825.302(c); 825.303(b).