Fmla when does it start

Step 4. Both notices are required to commence FMLA leave. The important thing to remember is that you do not have to wait until the employee requests leave. You, as the employer, can complete the FMLA designation process. If an employee suffers a work-related injury and misses three consecutive workdays, you have acquired sufficient knowledge to provide an FMLA Eligibility Notice.

If you have any questions about this topic or need assistance with your solicitation policy or any other labor and employment matter, please contact one of the listed Roetzel attorneys.

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Once the employer knows that an absence or medical situation qualifies under the FMLA, the employer must start the leave clock ticking. According to the DOL, that is not legally allowed. Once an eligible employee communicates the need to take leave for an FMLA-qualifying reason, neither the employee nor the employer may decline FMLA protection for that leave.

If more time is needed or desired, the employer has the option of allowing an extension, however, that extra time should not be designated as FMLA leave time.

However, it does clarify that you should not describe it as FMLA leave nor designate it as such.