Legal Question in Medical Leave in Florida

Can you backdate notification for time off to be applied

Can you notify individual that there time off (workers compensation time) has counted against their FMLA time at end of time. It was discussed verbally prior to this, however, written notification was not given until end of leave. Know this doesn't fit original regulation verbage, but was told it is possible to do. If so what changed?


Asked on 7/14/00, 6:44 am

1 Answer from Attorneys
Kelly Henderson

Re: Can you backdate notification for time off to be applied

It used to be thought that a company had to give prior written notice that leave was going to be considered FMLA leave. Some federals courts, but at this time not all, have created exceptions that allow an employer to notify an employee that time already taken would count as FMLA leave. This is a changing area of the law and one needs to very careful that they have the latest information.

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Answered on 9/12/00, 10:48 pm


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