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?
1 Answer from Attorneys
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: