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25-Nov-2019 12:35

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She keeps telling me that she will backdate the paperwork or we can retro the date.

I dont feel comfortable in doing this and the law is not clear on what to do when a person runs out of FMLA!

It sounds like you’re well aware the employee qualifies for FMLA and you’ve hopefully provided her with an eligibility and rights & responsibilities notice.

Still, the DOL has clearly stated, “In all cases where leave would qualify for FMLA protections, the employer and employee can mutually agree that leave be retroactively designated as FMLA leave.” So, as long as both you and your employee agree to retroactively designate the employee’s leave as FMLA, then you’re permitted to do so.

An employer may require that employees comply with the employer’s normal policies for requesting leave and may implement disciplinary action against an employee who fails to follow its policies or practices for requesting leave.

Employers must ensure that such practice does not discriminate against employees taking FMLA leave.

However, retroactive designations are usually reserved for when employers fail to designate FMLA leave in a timely manner.

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You can leave a response, or trackback from your own site.

If an employee submits FMLA paperwork 4 months after the absences, is the employer required to approve?

Also, what is considered a reasonable time frame for submitting FMLA requests for previous absences?

But, be aware that in doing so in this case you’re setting a precedent that other employees who fail to submit their certifications on time should be granted the same extended time as this employee.

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Best practice is to communicate your requirements that the employee provides the certification by a specified date or possibly be denied FMLA, as previously stated. This entry was posted on Monday, May 8th, 2017 at pm and is filed under Labor Laws.

Thirty days advance notice is required when the need for leave is foreseeable.



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