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Can we retroactively designate FMLA leave?

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in FMLA Guidelines,Human Resources

Q. We have an employee who is on leave for two weeks to care for her ill husband. She is also pregnant and has told us she wants to take FMLA leave after she gives birth. We haven’t yet designated her current time off as FMLA leave. Can we do so and cut her entitlement by two weeks?

A. Probably yes, under the new FMLA regulations. Even if an employer fails to properly designate an employee’s leave as FMLA leave, it’s permissible to retroactively designate the leave as FMLA leave, unless the employer’s failure to notify caused harm or injury to the employee.

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