Section 14 Designating Leave as Family and Medical Leave Act Leave
| Library | Employer-Employee Law 2008 |
Absent extenuating circumstances, the employer must designate leave as FMLA-qualifying within two business days of learning that the leave is being taken. 29 C.F.R. § 825.208(b)(1). The initial notice may be oral, but the employer must provide written notification on or before the employee’s next payday. 29 C.F.R. § 825.208(b)(2).
An employer that fails to timely designate the leave as FMLA leave generally cannot do so retroactively. 29 C.F.R. §§ 825.208(e) and 825.700(a). The designation can be made...
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