Legal Question in Medical Leave in California

Retro FMLA

My employer has retro-activated my current FMLA application for a previous leave, allowing that I only have a partial hours left on my current FMLA. Is this legal?

Asked on 1/01/08, 12:19 am

1 Answer from Attorneys

Alden Knisbacher Knisbacher Law Offices

Re: Retro FMLA

If you are saying that the employer designated a prior leave as FMLA, that was not designated as FMLA before, that is likely illegal, per federal regulations -- See, 29 CFR 825.208, 303, and 304 -- Incidentally, if you google the above in quotes, e.g., "29 CFR 825.208" -- you can spend a few hours on the regs -- they're complex, but detailed and specific. (California law adopts the federal regulations.) Feel free to contact me if you have further questions at my private email:

[email protected]

www.knisbacherlaw.com

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Answered on 1/02/08, 8:49 am


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