[Anxiety Leave] Kayla Was a Graphic Designer at DesignCo

Multiple Choice

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.
-Does Kayla's failure to contact DesignCo until two days after her leave began constitute inadequate notice under the FMLA?

A) Yes, the employee must provide notice of leave at least 30 days in advance of the leave.
B) Yes, the employee must provide notice of leave at least twenty-four hours in advance of the leave.
C) Yes, if the leave is unforeseeable, the employee must give notice as soon as the need for leave becomes known.
D) No, if the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within twenty-four hours after the need becomes known.
E) No, if the leave is unforeseeable, the employee must give notice as soon as practicable, defined as within one or two business days after the need becomes known.