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Employee was injured off the job. Was not offered/did not request FMLA. Can the employer grant FMLA months later? Required to?
Employees do not need to ask for Family and Medical Leave Act (FMLA) leave by name. If an employer becomes aware of the possible need for FMLA leave, they are responsible for notifying the employee of his or her eligibility to take FMLA leave within 5 business days. If you were aware that the employee suffered an injury that made him or her unable to perform the functions of the job, this would generally be considered adequate notice of his or her need for leave. Additionally, you are responsible for providing any required healthcare certification form the employee will need to have completed.
Once you determine that an absence will qualify under FMLA, you are required to notify the employee within 5 business days that the absent time will be so designated. You may not retroactively designate the absent time as FMLA leave, unless you can show that the employee did not suffer any adverse effect because of your failure to meet the designation requirements.
Tags: FMLA
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