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Mailbag: What are HR’s options after designating FMLA leave to a noneligible employee?

August 5, 2022

Via: HR Dive

Q: What happens if you go through the FMLA process — notices, medical documentation, approval — and later realize the employee isn’t eligible because they didn’t work enough hours?

When employers follow the leave designation process set out by the U.S. Department of Labor for Family and Medical Leave Act leave, they won’t likely run into this problem, according to Epstein Becker Green Member Nancy Gunzenhauser Popper. That’s because at the beginning of DOL’s designation process, employers fill out a form — WH-381, to be specific — that details an employee’s FMLA eligibility.

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