Keeping up to date with the Family and Medical Leave Act (FMLA) can be challenging because it is a regulation that can occur sporadically and without warning. Fortunately, the Department of Labor (DOL) releases publications, opinion letters, and various other communications to help clarify the action steps necessary to stay compliant with FMLA. This “Compliance Bulletin” highlights an opinion letter recently released by the DOL relating to the timing of FMLA designation. The letter states that an eligible employee’s need for time off for an FMLA-qualifying reason must be designated as FMLA as soon as it is found to be as such. Following this, the employer must provide a notice within five business days that the time off has been designated as FMLA leave. This designation may not be delayed due to an employee’s request to exhaust paid leave prior to being given this designation. The “Compliance Bulletin” also provides additional information and links to help further your understanding of FMLA.
The process can be time consuming and mistakes can be costly, so staying up to date and knowledgeable is critical.
Contact your Cowden representative for more information on this or other compliance issues.