Human Resource Blog

FMLA backdating guidelines in Las Vegas, Nevada

What are the minimum/maximum dates an FMLA form can be backdated?

Under the current regulations, an employee must usually request that an absence be considered FMLA within 2 days after returning to work. Some employers may be more flexible, but that is the minimum the regulations require. Suppose Lee was absent on August 1. On August 5, she returned to work. She would have until August 7 to request that the absence be considered FMLA. She cannot submit paperwork on August 27, after additional absences, claiming that the August 1 thru 4 absence was FMLA.

It was never the intention of FMLA that employees be able to use it retroactively to justify previous episodes of absence. FMLA can be used on a sporadic, unscheduled basis, however, generally the FMLA (not the individual absence) must be approved in advance.

These regulations will change on January 1, 2009.

Employees who have additional questions regarding FMLA can post them on our sister site at www.laborlawtalk.com. Human Resource professionals with questions are welcome to post them on this site.