How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?
Under the current regulations, an employer must inform the employee within two business days of making an eligibility determination. The employer is also required to notify the employee of his or her specific rights and responsibilities and the consequences of failing to meet these responsibilities, but this notice requirement does not specifically encompass eligibility status. Under the proposed regulations, this specific notification of rights and responsibilities incorporates notification of the employee’s eligibility status and must be provided by the employer within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying condition.
Related Questions
- How soon after an employee provides notice of the need for leave must an employer notify an employee that the leave will be designated and counted as FMLA leave?
- How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?
- What kind of information can an employer request to determine whether an employee is entitled to FMLA leave?
