If an employer fails to tell an employee that the leave is FMLA leave, can the employer count the leave against the employee’s 12 week FMLA leave entitlement?
Under the current regulations (in most situations), the employer cannot designate leave as FMLA leave retroactively if it did not notify the employee that the absence was being designated as FMLA leave within two days of learning that the leave was being taken for a FMLA required reason although there are exceptions to this rule. If the employer was unaware of the reason for the leave, it may retroactively designate the leave as FMLA leave while the leave is in progress or within two business days of the employee’s return to work. Additionally, under the current regulations, where an employer fails to designate the leave as FMLA-qualifying and notify the employee of the designation, the employee is provided the full protections of the FMLA, but none of the absence preceding the notice can be counted against the employee’s 12 week FMLA entitlement. In other words, under the current regulations, the employee may receive additional FMLA-protected leave beyond the 12 weeks provided by the
Related Questions
- If an employer fails to tell an employee that the leave is FMLA leave, can the employer count the time the employee has already been off against the 12 weeks of FMLA leave?
- 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?
- If an employer fails to tell an employee that the leave is FMLA leave, can the employer count the leave against the employee’s 12 week FMLA leave entitlement?
