Fmla

My job requires 30 days notice for planned surgery. I was hoping to have it on February 20th giving notice tomorrow, but that's only 29 days. I could have it a week later, but my husband is pushing for the 20th.  I already dread telling my boss either way because we have state writing assesment the week of the 27th and either way I will be out. To be fair I don't teach writing but all teachers test. I really don't want them to say your not covered by fmla since you did not give 30 days notice. 

30 days are required under FMLA if it's foreseeable, I don't know your employer or it's regulations but if you submit your request as timely as possible they may still be required to allow..

Foreseeable Leave of 30 Days or More

When the need for FMLA leave is foreseeable at least 30 days in advance and an employee fails to give timely advance notice with no reasonable excuse, the employer may delay FMLA coverage until 30 days after the date the employee provides notice. The need for leave and the approximate date leave would be taken must have been clearly foreseeable to the employee 30 days in advance of the leave.
Foreseeable Leave of Less Than 30 Days or Unforeseeable Leave

When the need for FMLA leave is foreseeable fewer than 30 days in advance and an employee fails to give notice as soon as practicable under the particular facts and cir****tances, the extent to which an employer may delay FMLA coverage for leave depends on the facts of the particular case. For example:
If the employee reasonably should have given the employer two weeks notice but only provided one week notice, the employer may delay FMLA-protected leave for one week. If the employee takes the leave with only one week of notice provided, the leave for that week will not be FMLA-protected.
If it would have been practicable for the employee to give notice consistent with the employer's policy, but the employee gives notice two days after the leave began, the employer may delay the FMLA protection of the leave by two days.
An employer may waive the employee's FMLA obligations or the employer's own internal rules on leave notice requirements. If an employer does not waive the employee's obligations and the employee fails to follow the employer's usual and customary notification rules, the employer may take appropriate action, absent unusual cir****tances. Such action may be taken as long as it is taken in a manner that does discriminate against employees taking FMLA leave and is consistent with FMLA notice requirements for unforeseeable FMLA leave (i.e., an employee requesting unforeseeable FMLA leave may be required to provide notice as soon as practicable under the particular facts and cir****tances).

I'd still request it for the 20th and see if they say no. You Say hoping for the 20th- is the date set with the surgeon?  If not, this may fall in the "if practical" category-- there are many factors in play with how approvals work where it may not be practical to be able to provide 30 days notice. Explain that when you mke the request.

update: I moved the surgery to the 27th that way I can stress less and not be worried about having to wait to see if they would allow me to with only 29 days of notice. It worked out my boss is fine. so far a win win for everyone. Now I can focus on last minute stuff.   Thank you all for your support.