The Department of Labor Wage and Hour Division recently issued an opinion confirming that an employer cannot delay designating FMLA-qualifying leave as FMLA leave and cannot designate more than 12 weeks of leave (or 26 weeks of military caregiver leave) as FMLA leave.  See the opinion at this ink:  For questions or concerns regarding how FMLA or other employment laws could impact you or your business, contact the employment law attorneys at Hirst Applegate (Rob Jarosh, Mandy Good, and Kara Ellsbury).