Facebook, Twitter, LinkedIn, YouTube, RSS, EmailFacebookTwitterLinkedInYoutubeRSS News FeedEmail


FMLA - Employer's Designation of Leave Notice

by The Human Equation, Inc. on 11/30/2008
Facebook, Twitter, LinkedIn, Google+, YouTube, RSS Facebook Twitter Linkedin Google+ YouTube RSS

I recently received an employee's request for leave under the Family and Medical Leave Act. Am I required to give the employee notice of the company's position regarding the leave request?

Yes. The Family and Medical Leave Act of 1993 (FMLA) was enacted to balance the demands of the workplace with the needs of families by allowing covered employees to take reasonable leave for medical, health, or family reasons. Upon receiving a request for leave, employers are responsible for determining whether an employee is entitled to such leave under the FMLA, and, if so, to designate the leave as FMLA-qualifying. Although employers are required to notify their employees of their determination by using a designation notice, the time for providing the notice depends on the circumstances.

If the employer, immediately after receiving notice of the employee's request, has sufficient information to designate the leave as FMLA-qualifying, the employer may provide the employee with the designation notice at that time. In instances in which the employer needs more information before it can designate the leave as FMLA leave, then the deadline for providing a designation notice to the employee is five business days after the employer has obtained the necessary information to make the determination. Furthermore, the designation notice, which must be in writing, must specify whether the employee will be required to present a fitness-for-duty certification before returning to work and the number of hours, days, or weeks that will be counted against the employee's FMLA leave entitlement, if this figure is known at the time the employer prepares the designation notice. Since other requirements governing the preparation of designation notices vary depending on the facts of a particular case, employers must carefully review the law or consult a licensed professional. Otherwise, an employer's failure in this regard may be deemed an interference with, restraint on, or denial of the exercise of an employee's FMLA rights.

Tags: , ,
Categories: 2008

Add comment

  • Comment
  • Preview

  privacy policy
The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

Refer to friendRefer to friend

Permission to ReprintPermission to Reprint

Contact a Subject Matter ExpertContact an Expert

Subscribe to Our NewsletterSubscribe to Our Newsletter


© 2019 - The Human Equation, Inc. All rights reserved. - Privacy Policy - Disclaimer -
Follow us on Facebook.comFollow us on Twitter.comFollow us on Linkedin.comFollow us on YouTube.comSubscribe to our RSS FeedSend us an email
Subscribe to our newsletter
900 South Pine Island Road, Suite 300 - Plantation, FL 33324 - Phone: 800-521-9667 / 954-382-0030 - Fax: 954-382-2810