Backdating fmla dates
Just want to be consistent on what we are doing as far as when we are approving the FMLA certification.Is it the date we were notified by the employee or the actual date it was certified by the doctor? For instance, someone informs us they are going to need to take a leave on July 1st and they get it certified within 30 days of July 1st but the certification states that June 18, 19 and 24th were also part of the condition, does the leave start then on June 18th? I have been to several websites and done plenty of research.As the Department noted in the preamble to the Notice of Proposed Rulemaking, however, some of the provisions of the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act, such as the expansion of qualifying exigency leave to families of members of the Regular Armed Forces and the special eligibility hours of service requirement for flight crew employees, were effective as of the enactment date of those statutes. Is it the date that the employee notifies the employer (given they provide the proper medical certification) or is it the date the doctor certifies the FMLA? Also, can FMLA be restroedrestored prior to when we were notified if the doctor certifies the dates?If an employee is caring for a service member with a serious injury or illness, he or she is entitled to up to 26 weeks of leave. emergencies, etc.), your obligations are more flexible, but you must provide notice as soon as reasonably practicable under the circumstances.Usually, this means complying with your employer’s policy as best as you can.In the event you are absent beyond the initial certification, your employer may request a re-certification.Although it is a best practice for employers to be empathetic to their employees when it comes to the use of medical leave, often times employers simply do not want to adhere to the specific requirements of the FMLA. This means that you cannot be treated differently because you have exercised your FMLA rights.
We understand the steps employees need to take in order to exercise their rights and protect their jobs under the Family and Medical Leave Act (FMLA). § 2601, et seq., is a federal law that entitles eligible employees of covered employers to take unpaid, job-protected leave up to 12 weeks in the following circumstances: The FMLA and federal regulations have very specific and technical requirements that must be followed by both the covered employer and the eligible employee.
The results can profoundly affect an employee during this difficult period. For example, the use of medical leave cannot be used as a negative factor in any aspect of employment such as hiring, evaluations, firing, or discipline.
Fortunately, the FMLA prohibits a covered employer from for exercising (or attempting to exercise) his or her rights to medical leave, whether the leave is used all at once or intermittently. FMLA Interference FMLA interference occurs when (1) you are an eligible employee as defined under the FMLA; (2) the employer was a covered employer as defined under the FMLA; (3) you were entitled to leave under the FMLA; (4) you gave the employer notice of her intention to take FMLA leave; and (5) your employer denied FMLA benefits to which you are entitled. Because retaliation depends on the specific facts of each individual scenario, please click on the Retaliation category under the employment issues menu for more information.
To answer your second question: Yes, FMLA designation can applied retroactively, either by the employer or employee (though I can't think of a reason the employee would want to).
This is commonly done by employers where the employee failed to designate the time as FMLA.