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Viewpoint: When Employers Fail to Designate FMLA Leave

September 22, 2021


Your employee, Johnny, takes a leave of absence because he stubbed his toe at work, resulting in a lengthy workers’ compensation absence. For one reason or another, Johnny’s one-week leave of absence turns into one month, then six months.

One night, right about the time Johnny is nine months into a leave of absence, you wake up in a cold sweat, realizing for the first time that you completely forgot to designate any of Johnny’s nine months away as leave taken under the Family and Medical Leave Act (FMLA).

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