Posts Tagged ‘questions’

DOL Opinion Letter Clarifies Designation of FMLA Leave Questions

access_time Posted on: March 27th, 2019

Article by: Christine E. Nentwig, Esquire As many of you likely recall, following a Ninth Circuit decision in 2014 (Escriba v. Foster Poultry Farms, Inc.), there was a question regarding whether an employee could choose to decline designation of a leave as FMLA, even if the leave was otherwise clearly qualifying. In that case, the court held that an employee could decline to use FMLA leave for qualifying time off. While in that case the holding was a “win” for the employer (since the case centered on the employee’s claim that even if she asked the employer not to designate… read more »