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The result in this scenario is often that the employee is already on leave before requesting it. This is the easiest scenario in which a retroactive designation is appropriate, and this comes up often without much problem.
The employer can easily designate all of this leave as FMLA, starting on first day of leave. However long it takes, that's how long it takes.
In this situation, how far back can you go in tracking the FMLA leave? This often happens when a supervisor or manager fails to advise HR that an employee's absences may qualify as FMLA.
Often the manager should have known, and is frustrated with the absences before even coming to HR.
They've already been gone a lot, and nothing has been said about FMLA, so it will be a tough sell to say that they have to "lose" all those back dates of FMLA.
In fact, this situation is often discovered on the FMLA medical certification. Another alternative is to count the absences prior to the notice if those absences are listed on the medical certification. Scenario 3: The employee has already missed a lot of work before word gets to HR.The world of employee leave is a complex one, often involving Family Medical Leave, Workers’ Compensation and the Americans with Disabilities Act. Make sure you consider all appropriate legislation when an employee is absent from work before taking any type of adverse employment action. We bring years of experience and know-how to the table.FMLA, the ADAAA and other labor laws can be difficult to interpret, let alone enforce. We can assist you with your tough compliance issues and help you sleep more soundly at night. Anyone have a solution that will disallow entering time for a previous day/week?Federal prosecutors investigating the backdating of stock options are bumping up against a legal deadline that will probably affect when they file charges and what charges they bring.