Who designates leave as FMLA leave, and when must it be done?

The FMLA Coordinator must designate leave as FMLA leave as soon as enough information is available to confirm that the request meets FMLA guidelines.
Once sufficient details are obtained, the Coordinator must notify the employee within five (5) business days that the leave will be counted toward the employee’s 12-week FMLA entitlement.
Notification may be given orally or in writing, but if given orally, written confirmation must follow:
•    By the next payday, or
•    If the next payday is within a week, by the following payday.
FMLA designation should be made before the leave begins, unless details are unavailable at that time.
Neither the employer nor the employee can delay or refuse FMLA designation when eligibility and qualifying reasons are met.
For more information, visit the State of Tennessee Attendance and Leave Manual.