Under theAct ( ), eligible employees can take up to 12 weeks of job-protected, unpaid leave. When do those 12 weeks officially begin? A new court ruling has made clear that the clock starts ticking on the day of the first absence, not the date on which you officially notify employees that their leave falls under the FMLA.
Recent case: After an office manager's complicated pregnancy, she gave birth and required many weeks of recovery. She went on leave in April. But in an effort to extend her leave, she argued that herwasn't officially approved until three months later, so that later date should be the start of her 12-weeks of allowable FMLA leave. The company disagreed and stuck with the April date.
She sued, claiming an FMLA violation. A district court sided with the company, saying the employee wasn't entitled to a leave windfall even if the company failed to immediately designate the leave as FMLA leave. She was given all the leave required under the law when she actually began her leave in April. (Myrick v. Aramark Corp., N.D.Ill., 2004)
Final note: Within two days after learning an employee's absence could be FMLA related, send written notice that the leave falls under FMLA. Specify the start date. By doing this, you'll set the 12-week meter running.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/338/start-of-absence-not-approval-date-sets-12-week-fmla-clock-ticking "