Q. If we weren’t immediately aware that the employee’s leave qualified for FMLA leave, can we make his leave retroactive to the first day he took off for the condition?
A. The answer to your question used to be an unqualified “no.” However, a few years back, the U.S. Supreme Court issued an important decision that effectively nullified the federal regulations that prohibited the retroactive designation of FMLA leave.
Under the new rule of law, employers can safely apply retroactive FMLA leave in most circumstances without creating a compliance issue. Nevertheless, the best HR practice continues to be the early designation of all FMLA occasions.
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