[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.103]



[Page 747]

 

                             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).