FMLA notice errors any HR pro can make

By Dan Wisniewski 

A new ruling is a good reminder that the process of granting FMLA leave is fraught wit

h opportunities to make mistakes.

Here are the details of the case, laid out by Kevin Donovan from Wilson Elser:

Three key FMLA notice documents

Jacqueline Young requested FMLA leave from her employer, The Wackenhut Corporation.

Now, when staff members request FMLA leave, employers are required to supply three things:

1. Eligibility notice. Employers must provide an eligibility notice to employees within five days of determining that leave be for a qualifying reason.
2. Rights and responsibilities notice. When employers supply the eligibility notice, they also must provide this notice, which details the obligations and expectation of the employee while on leave and what happens if those expectations aren’t met.
3. Designation notice. If an employer determines the employee can take FMLA leave for the reason suggested, firms must alert the employee the leave is approved and that it will be counted as FMLA leave.  

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