[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR825.103]

[Page 794]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents
 
Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 
                                 Apply?
 
Sec. 825.103  How did the Act affect leave in progress on, or taken before,
the effective date of the Act?

    (a) An eligible employee's right to take FMLA leave began on the 
date that the Act went into effect for the employer (see the discussion 
of differing effective dates for collective bargaining agreements in 
Sec. Sec. 825.102(a) and 825.700(c)). Any leave taken prior to the 
Act's effective date may not be counted for purposes of FMLA. If leave 
qualifying as FMLA leave was underway prior to the effective date of the 
Act and continued after the Act's effective date, only that portion of 
leave taken on or after the Act's effective date may be counted against 
the employee's leave entitlement under the FMLA.
    (b) If an employer-approved leave was underway when the Act took 
effect, no further notice would be required of the employee unless the 
employee requested an extension of the leave. For leave which commenced 
on the effective date or shortly thereafter, such notice must have been 
given which was practicable, considering the foreseeability of the need 
for leave and the effective date of the statute.
    (c) Starting on the Act's effective date, an employee is entitled to 
FMLA leave if the reason for the leave is qualifying under the Act, even 
if the event occasioning the need for leave (e.g., the birth of a child) 
occurred before the effective date (so long as any other requirements 
are satisfied).