fmla at supreme court

i see the us supreme court has finally gotten around to deciding to hear an fmla case( perhaps because they don't understand it any more than we do)...the issue is whether an employer *after* an employee takes off on a leave can retroactively designate it as fmla...stay tuned...regards from texas,mike maslanka

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  • My latest experience: Employee scheduled a minor out-patient procedure and had PTO to cover. Doctor required him to be out an extra week due to unexpected complication. We required employee to present a fitness-for-duty letter from his doctor and designated the unplanned week as FMLA. Supervisor suggested the entire period be designated FMLA, even though no one ever brought the scheduled procedure to my attention until notice of complication.

    Any comments/recommendations???




  • it's probably safer to not designate the entire period,as the supervisor wants,as fmla...i know it makes no sense,and hopefully the supreme court or congress will act to fix this issue,but until then i'd play it safe...regards from texas,mike maslanka


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