Legal Question in Employment Law in Indiana

Retroactive FMLA

What are the parameters for retroactively granting FMLA status to sporatic absences that, after a couple of weeks and a few dr. appointments, resulted in surgery? (The FMLA information was obtained from the employer after the surgery - requested the day returned to work). Didn't know it was a ''serious health issue'' until the day before the surgery - but Dr. has written FMLA info to incorporate time from the first visit with same symptoms. If applicable, does retro time (i.e. ''retroactive 10 days...'') start from the day the employee requests FMLA info from employer (notifying of possible FMLA status) or from when the info was complete and submitted (with dr. forms, etc.)?


Asked on 4/15/04, 12:19 am

1 Answer from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Re: Retroactive FMLA

It is your employer's obligation to figure out if requested leave qualifies as FMLA leave. Of course, that assumes you gave your employer enough information when you originally requested and/or took the leave for them to figure out that the leave qualified as FMLA leave. If not, you can still get retroactive FMLA leave as long as you make a timely request (usually within two business days of returning from leave).

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Answered on 4/15/04, 3:49 pm


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