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How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?

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  • How soon after an employee provides notice of the need for leave must an employer determine whether someone is eligible for FMLA leave?

Absent extenuating circumstances, the regulations require an employer to notify an employee of whether the employee is eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying reason.


October 2018

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