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Text of DOL Opinion Letter FMLA2019-3-A: Whether Employer May Delay Designating Paid Leave as FMLA If Delay Complies with Collective Bargaining Agreement (PDF)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] 
[Official Guidance] Sept. 11, 2019 "Once your employer has enough information to determine that an employee's leave request qualifies as FMLA leave, your employer must designate the leave as FMLA leave. As noted in [DOL Opinion Letter FMLA2019-1-A], once an eligible employee communicates a need to take leave for an FMLA-qualifying reason, an employer may not delay designating such leave as FMLA leave, and neither the employee nor the employer may decline FMLA protection for that leave." |
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