If an employee requests an absence to be designated as FMLA/CFRA retroactively, do I have to do so?
HRCalifornia
Under FMLA, you can designate retroactively if you provide appropriate notice to the employee and there is no harm to the employee. You and the employee can also mutually agree to designate FMLA qualifying leave retroactively.
Under CFRA, employers can't retroactively designate leave as CFRA leave after the employee has returned to work except with appropriate notice to the employee and where the employer's failure to timely designate does not cause harm or injury to the employee.
Read more about Family and Medical Leave Designation in the HR Library.
HRCalifornia Resources
All resources require membership. For full access to every form, checklist and tool on HRCalifornia — plus the HRCalifornia Helpline for live expert support — become a member.