When can FMLA leave be designated after the employee returns to work?

The FMLA Coordinator may designate leave after the employee returns in these cases:
•    A. The Coordinator did not know the absence was FMLA-related until the employee’s return.
o    The Coordinator must notify the employee of the FMLA designation within two (2) business days of the return.
o    If the employee wants the leave to be designated as FMLA, they must also notify the Coordinator within two (2) business days of returning.
•    B. The Coordinator was aware of the reason for the leave but was waiting for medical certification or other confirmation.
o    A preliminary designation should be made at the start of leave.
o    Once confirmation is received, the designation becomes final.
o    If the certification does not confirm FMLA eligibility, the Coordinator must withdraw the designation in writing.
For more information, visit the State of Tennessee Attendance and Leave Manual.