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To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas
To Designate Or Not To Designate Under The Family And Medical Leave Act, Tory L. Lucas
Faculty Publications and Presentations
The Family and Medical Leave Act (FMLA) entitles eligible employees to take a total of twelve workweeks of leave during any twelve-month period for specifically prescribed circumstances such as a serious health condition or the birth or adoption of a child. Does the FMLA require employers to specifically designate leave as FMLA leave or risk having to provide more than the guaranteed twelve weeks of leave? This precise question created a circuit split in the federal courts before the Supreme Court of the United States answered the question in March 2002. This article, published in 2000, addressed the issue a …