Can we reclassify past leave as FMLA? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Can we reclassify past leave as FMLA?

Get PDF file

by on
in FMLA Guidelines,HR Management,Human Resources

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.

Leave a Comment

Previous post:

Next post: