The 6th Circuit has endorsed a Labor Department regulation that says a company can't count time under theunless it notifies the worker, within two days of learning the facts, that the absences will be counted as . If the notification comes late, the leave taken before will not count as FMLA leave. Other courts have struck down this Labor rule, saying it would allow employees to take more leave than Congress intended. But you have to follow it if you're in the 6th Circuit: Kentucky, Michigan, Ohio and Tennessee. (Plant v. Morton International Inc., No. 99-3445, 6th Cir., 2000)
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