FMLA Designation is Not Discretionary for Employer or Employee

From OMA Connections Partner Clark Schaefer Hackett: “The U.S. Department of Labor (DOL) issued a new Opinion Letter on March 14, 2019 clarifying that an employer cannot delay the designation of FMLA-qualifying leave as FMLA leave. The question initially posed to the DOL was whether an employer may permit employees to use or exhaust some or all available paid time off (vacation, sick or other leave) prior to designating leave as FMLA-qualifying, even when the leave is clearly FMLA-qualifying.”

Read more about this from Clark Schaefer Hackett. 3/25/2019