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FMLA Leave: Who Decides -- Employer or Employee?
FMLA Insights
May 30, 2012 "[The] DOL specifically states that... 'the employee does not need to specifically assert his or her rights under FMLA, or even mention FMLA.' ... the employee need only provide 'sufficient information' to make the employer aware of the possible need for FMLA leave.... The employer's obligations under the FMLA are clear: once it has enough information to determine whether the leave is being taken for an FMLA-qualifying reason, the employer must notify the employee as to whether the leave will be designated and counted as FMLA leave. In other words, the employer has an obligation to designate leave as FMLA-qualifying as soon as the absence becomes an FMLA-qualifying event." MORE >> |
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