Backdating fmla dates
One beef, in particular, is vague medical information they receive on a certification completed by the employee’s primary care physician.
This is particularly true where the employee’s mental health is at issue.
When it comes to FMLA medical certification, my clients have many complaints.Employers continue to struggle in complying with the federal Family and Medical Leave Act (FMLA) and its corresponding regulations.The FMLA requires employers to provide eligible employees with 12 workweeks of unpaid leave in any 12-month period to care for newborn or newly-placed adoptive or foster children, to care for certain relatives with serious health conditions, or to deal with their own serious health conditions.Thus, if Human Resources (or whoever else is responsible for giving notice at a particular employer) is not informed of a FMLA-qualifying leave until a number of days or weeks after it has begun and, therefore, gives a late designation notice the employees FMLA rights will extend beyond the 12 weeks of leave required by the statute.For example, if the employer does not give the designation notice until the employee has been gone for two weeks, the DOL regulations say that the 12-week period did not start running until the notice was given.
But when does the clock start running on an employees leave?