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Employees Can Decline Qualifying Leave Under the FMLA

As a result, an employer can insist on designating leave as FMLA if it has reason to believe it qualifies, and then can retroactively remove the designation (to the benefit of the employee) if it turns out the leave was not qualifying. The bell can be "unrung," but only if it benefits the employee.

17 minute readSeptember 02, 2014 at 12:00 AM
By
Jen L. Cornell
Employees Can Decline Qualifying Leave Under the FMLA

Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition.

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