Under the Family and Medical Leave Act, leave begins when the employer certifies the leave.
Under the guidelines](http://www.dol.gov/whd/regs/compliance/whdfs28d.pdf) prescribed by the [US Department of Labor, an employee goes on FMLA leave on the day the leave was requested if the employees eligibility was verified by the company and the leave was certified.
The first step in placing the employee on leave through FMLA is to verify the employees eligibility. In order to be eligible, the employee must work:
– A minimum of 1,250 hours in the past 12 months
– For at least 12 months for the employer
– At a location where the company employs 50 or more employees within 75 miles
If the employee qualifies under the above guidelines, you may proceed to the certification process. Once the leave is certified, the clock begins on the employees leave.
Certification of Leave
The next step to ensuring that your employee is on proper leave is to provide the employee with certification. The certification is known as a Notice of Eligibility, Rights, and Responsibilities and must adhere to the following:
– The notice can be either oral or in writing.
– It must be provided within 5 business days of the initial request or when the employer becomes aware of the need for leave.
– The notice must indicate the employees eligibility and if the employee isnt eligible, the notice must give at least one reason why the request was denied.
If youve an employee whos given you notice of a future surgery and youve verified that this leave falls under FMLA and certified the leave, then the employee can begin FMLA leave on the date of their surgery. The timing of the start of FMLA leave depends on when the employer gives the notice, thereby certifying the leave.