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Illinois Attorney Sean Darke Clarifies FMLA Designations

Chicago attorney Sean F. Darke has authored the recent Litchfield Alert, “No More Rejecting FMLA Leave Designation—DOL Provides Clarity.” In the Alert, Sean discusses the recent Department of Labor Opinion letter regarding employers’ responsibility when designating an employee’s leave of absences as it relates to the Family and Medical Leave Act (FMLA).

Employees often try to delay designating qualifying FMLA leave time by asking the employer to allow them to first exhaust their earned paid time off, earned vacation time, or other available leave policy. However, the recent DOL opinion letter clearly end any doubt as to the employer’s responsibilities in designating qualifying leave immediately, regardless of how the employee wants the designate any time off.

To read Sean’s full summary of the changes to the Act, click here. To learn more about how employment and labor laws affect your business, please contact Sean Darke at 312.781.6554.