FMLA Retroactive Designation

This is more of a sanity check but my understanding of retroactive FMLA designation is that it is prohibited except when: 1) the employer learns that a leave is for an FMLA purpose after it has begun or 2) if the employee was absent for an FMLA reason and the employer did not learn the reason for the absence until the employee's return. Am I right?


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  • Gar,

    Here is an excerpt from South Carolina Employment Law Letter that should be helpful:


    There are quite a few other articles in the Newsletter Archive (in the members-only area of if you'd like more information. Search under "FMLA retroactive" (without the quote marks). Designating leave retroatively has continued to be a sticky issue between the DOL and the courts. Sometimes the courts agree with the DOL regs, and sometimes they don't.

    Feel free to e-mail me directly at [email][/email] if you'd like help searching for more articles in the members area.

    Hope this helps!


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