FMLA backdating guidelines in Las Vegas, Nevada
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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.
Tags: absence, absent, backdating, employee, FMLA
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6 Responses to “FMLA backdating guidelines in Las Vegas, Nevada”
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June 5th, 2009 at 11:13 am
Did the regulations changed in January 2009 about the backdating FMLA applications in Las Vegas, NV? Tks!
June 8th, 2009 at 10:11 am
Hi Ping! The notification rules changed in January 2009 — the rules regarding backdating did not.
The FMLA process begins the first day the employee has an absence that could be covered under FMLA, or the first day the employee requests FMLA. The employer has 5 days to notify the employee of his or her FMLA rights and provide the paperwork to request FMLA. The employee then has 14 days to return the paperwork. Once that happens, the employer has 5 days to notify the employee that FMLA has been granted or denied.
However, in most cases the employee cannot backdate the FMLA to include absences that are weeks or months in the past. HTH, and thanks for reading the blogs!~ Caitlin
April 24th, 2010 at 11:58 pm
We have made over 20 trips to Las Vegas. Recently, we find ourselves going 2 or 3 times a year. We had never been to Vegas in January (the earliest trip we made was at the end of February). Total trip for me this time was 7 days while my wife will only be here 4 days. I always need a few extra days to acclimate to the time change and to feel comfortable in the new environment so I booked a few extra days. Being semi-retired I have a lot of flexibility with my schedule.
April 26th, 2010 at 9:20 am
Hi Roscoe! Thanks for sharing!~ Caitlin
May 5th, 2010 at 2:20 pm
Just wanted to say I enjoyed the post. You have really put a lot of time into your article and it is just great!
May 5th, 2010 at 7:29 pm
Check back often, tommy! We post 5 days per week!~ Caitlin