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: https://www.dol.gov/whd/opinion/FMLA/2019/2019_03_14_1A_FMLA.pdf. 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 (Kara Ellsbury).
