If an employer fails to tell employees that the leave is family medical leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?
In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.
Related Questions
- If an employer fails to tell employees that the leave is family medical leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?
- Can the employer count time on maternity leave or pregnancy disability as leave under the Family and Medical Leave Act?
- May an employer terminate an employee who fails to return from leave provided under the Family and Medical Leave Act?
