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New York - employee doesn't want to use fmla

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  • New York - employee doesn't want to use fmla

    Good Morning,

    I know that the employer is required to treat time away from work as FMLA leave, if the employee is eligible and the reason for the time off is one of the allowable reasons. But I cannot seem to find anything on the dol website that spells this out.

    Does anyone have a reference for this? Either the text of the law or the CFR would be great.

    Thanks,
    Nancy

  • #2
    http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

    Look down on the 4th page under employer notice.

    When the employer has enough information to determine that leave is being taken for a FMLA-qualifying reason, the employer must notify the employee that the leave is designated and will be counted as FMLA leave.

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    • #3
      Thank you, HRinMA. That's exactly what I was looking for.

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      • #4
        You are welcome.

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