Employer Obligation to Designate FMLA Leave

A 2019 DOL opinion letter clarified an employer’s obligation to timely designate FMLA leave. According to the DOL, employers cannot delay designating an employee’s absence for an FMLA-qualifying reason as FMLA leave, even when the employee is using paid leave and does not request FMLA leave. The absence must also count against the employee’s annual FMLA leave entitlement.

Employer Obligation to Designate FMLA Leave