Thursday, March 21, 2019

DOL: FMLA-qualifying leave must be designated FMLA leave

Another interesting opinion letter from the U.S. Department of Labor (FMLA-2019-1-A), this time on FMLA leave. This one is pretty straightforward, so I'm just gonna let the letter do the talkin':
Not official use.
First, an employer is prohibited from delaying the designation of FMLA-qualifying leave as FMLA leave. Once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may decline FMLA protection for that leave. Accordingly, when an employer determines that leave is for an FMLA-qualifying reason, the qualifying leave is FMLA-protected and counts toward the employee's FMLA leave entitlement. Once the employer has enough information to make this determination, the employer must, absent extenuating circumstances, provide notice of the designation within five business days. Accordingly, the employer may not delay designating leave as FMLA-qualifying, even if the employee would prefer that the employer delay the designation. 
(citations omitted).

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