Employers continue to struggle in complying with the federal Family and Medical Leave Act (FMLA) and its corresponding regulations. The FMLA requires employers to provide eligible employees with 12 workweeks of unpaid leave in any 12-month period to care for newborn or newly-placed adoptive or foster children, to care for certain relatives with serious health conditions, or to deal with their own serious health conditions.
But when does the clock start running on an employee’s leave? Employers might assume that the FMLA leave period begins on the first day of absence. But Department of Labor (DOL) regulations require employers to give notice to employees who request leave that the absence will count against their FMLA 12-week total. Until the notice is given, the clock doesn’t start running.
