DOL Provides More Insight into FMLA Leave Designation

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Under the Family and Medical Leave Act of 1993 (FMLA), eligible employees of covered employers are entitled to up to 12 weeks of unpaid leave (26 weeks, if for care of a covered service member) with job protection benefits in cases of enumerated family and medical situations. In two recent opinions, the United States Department of Labor (DOL) announced its positions with respect to certain employers’ responsibilities under FMLA. Specifically, following the DOL’s March and September 2019 Opinion Letters, companies: 1) may not delay designating paid leave as FMLA leave even if the delay otherwise complies with a collective bargaining agreement and the employee in fact prefers a delay; 2) must provide notice of determination within five business days of being put on notice of the employee’s need for leave for an FMLA-qualifying reason; and 3) may not designate more than 12 (or 26) weeks as FMLA leave, even if the employee requests additional weeks to be designated under FMLA.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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