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?
Under the current regulations, an employer must notify an employee that leave will be designated and counted as FMLA leave within two business days of learning that the leave is being taken for an FMLA reason, absent extenuating circumstances. Under the proposed regulations, this timeframe is extended to five days. In addition, the proposed regulations require an employer to inform the employee of (1) the number of hours, days or weeks that will be designated as FMLA leave; and (2) whether paid leave will be substituted for unpaid FMLA. Where it is not possible to provide the number of hours, days, or weeks that will be designated as FMLA leave (e.g., for unforeseeable intermittent leave), an employer must provide this information every 30 days if leave was taken during the prior 30-day period. Example: On March 30, April 17, and May 15, Rachel takes unscheduled intermittent FMLA leave for her asthma attacks. Rachel’s employer must ensure that within 30 days of each absence Rachel rece
Related Questions
- If an employer fails to tell an employee that leave has been designated as FMLA leave, can the employer count the leave against the employees FMLA leave entitlement?
- 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?
