C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER C—OTHER LAWS › PART 825—THE FAMILY AND MEDICAL LEAVE ACT OF 1993 › Subpart B—Employee Leave Entitlements Under the Family and Medical Leave Act

29 C.F.R. § 825.208

[Reserved]

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Notes of Decisions
Cited in 156 cases (2 in the last 5 years), 1995–2025 · leading case: Downey v. Strain, 510 F.3d 534 (5th Cir. 2007).
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Downey v. Strain, 510 F.3d 534 (5th Cir. 2007). · cites it 9× “See 29 C.F.R. § 825.208 (a)-(b)(l). Downey contended that, had she been notified that her July 2003 leave would be counted as FMLA leave, she would have postponed her knee surgery to a time when it would not have caused her to exceed her FMLA allowance.”
Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (2002). · cites it 4× “29 CFR § 825.208 (a) (2001). Employers must give written notice of the designation, along with detailed information concerning the employee's rights and responsibilities under the Act, "within a reasonable time after notice of the need for leave is given by the employee—within…”
Philip R. Plant v. Morton Int'l, Inc., 212 F.3d 929 (6th Cir. 2000). · cites it 5× “Furthermore, although Plant admits that he would not have been able to return to work within twelve weeks in any case, he argues that he should have been allowed to “stack” the FMLA leave on top of his employer-provided temporary disability leave.”
Viereck v. City of Gloucester City, 961 F. Supp. 703 (D.N.J. 1997). · cites it 12× “29 C.F.R. § 825.208 (d). 5 Thus defendants argue that their decision to apply plaintiffs leave retroactively from July 1, 1994 (ending September 26, 1994) was well within their discretion.”
Mora v. Chem-Tronics, Inc., 16 F. Supp. 2d 1192 (S.D. Cal. 1998). · cites it 5× “” 29 C.F.R. § 825.208 (a)(1) quoted in Manuel, 66 F.”
Richard Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135 (3rd Cir. 2004). · cites it 2× “Pursuant to 29 C.F.R. § 825.208 (a), “[i]n all circumstances, it is the employer’s responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee.”
Willis v. Coca Cola Enter., Inc., 445 F.3d 413 (5th Cir. 2006). · cites it 4× “See 29 C.F.R. § 825.208 (a)(1) (“An employee giving notice of the need for unpaid FMLA leave must explain the reasons for the needed leave so as to allow the employer to determine that the leave qualifies under the Act.”
Hayduk v. City of Johnstown, 580 F. Supp. 2d 429 (W.D. Pa. 2008). · cites it 6× “29 C.F.R. § 825.208 (e)(1). In either case, the notice must include advise-ments that the employee’s leave “will be counted against [his] annual FMLA entitlement”; “any requirements for the employee to furnish medical certification of a serious health condition and the…”
Miller v. Pers.-Touch of Virginia, Inc., 342 F. Supp. 2d 499 (E.D. Va. 2004). · cites it 8× “The FMLA regulations set out a comprehensive scheme of notification that employers must follow.”
Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757 (5th Cir. 2001). · cites it 2× “29 C.F.R. § 825.208 (c)(2001). Under these regulations, the Medical Center’s October 17,-1997 letter to Hunt, designating her leave as beginning on September 19 and ending on December 12, 1997, could not be given “retroactive” effect.”
Blankenship v. Buchanan Gen. Hosp., Inc., 999 F. Supp. 832 (W.D. Va. 1998). · cites it 11× “Blankenship’s sworn statement argues that the Hospital violated the implementing regulations of the FMLA by failing to give her the requisite notice, mandated by 29 C.F.R. § 825.208 (b)(1) (1997), that her time off work from August 28, 1994 to September 19,1994, counted towards…”
Lisa Lupyan v. Corinthian Colleges Inc, 761 F.3d 314 (3rd Cir. 2014). · cites it 2× “29 CFR § 825.208 ; Conoshenti v. Public Serv.”
Show all 156 citing cases →
— 29 C.F.R. § 825.208(a) — 4 cases
Tate v. Farmland Indus., Inc., 268 F.3d 989 (10th Cir. 2001).
Tully-Boone v. North Shore-Long Island Jewish Hosp. Sys., 588 F. Supp. 2d 419 (E.D.N.Y 2008).
Ragsdale v. Wolverine Worldwide, 218 F.3d 933 (8th Cir. 2000).
Katekovich v. Team Rent a Car of Pittsburgh, Inc., 36 F. App'x 688 (3rd Cir. 2002).
— 29 C.F.R. § 825.208(a)(2) — 2 cases
Blankenship v. Buchanan Gen. Hosp., Inc., 999 F. Supp. 832 (W.D. Va. 1998). “Blankenship’s sworn statement argues that the Hospital violated the implementing regulations of the FMLA by failing to give her the requisite notice, mandated by 29 C.F.R. § 825.208 (b)(1) (1997), that her time off work from August 28, 1994 to September 19,1994, counted towards…”
Bukta v. JC Penney Co., Inc., 359 F. Supp. 2d 649 (N.D. Ohio 2004).
— 29 C.F.R. § 825.208(b) — 1 case
Holmes v. E.Spire Commc'ns, Inc., 135 F. Supp. 2d 657 (D. Maryland 2001).
— 29 C.F.R. § 825.208(b)(1) — 1 case
Bukta v. JC Penney Co., Inc., 359 F. Supp. 2d 649 (N.D. Ohio 2004).
— 29 C.F.R. § 825.208(c) — 2 cases
Ragsdale v. Wolverine Worldwide, 218 F.3d 933 (8th Cir. 2000).
Blankenship v. Buchanan Gen. Hosp., Inc., 999 F. Supp. 832 (W.D. Va. 1998). “Blankenship’s sworn statement argues that the Hospital violated the implementing regulations of the FMLA by failing to give her the requisite notice, mandated by 29 C.F.R. § 825.208 (b)(1) (1997), that her time off work from August 28, 1994 to September 19,1994, counted towards…”
— 29 C.F.R. § 825.208(e)(1) — 1 case
Hayduk v. City of Johnstown, 580 F. Supp. 2d 429 (W.D. Pa. 2008). “29 C.F.R. § 825.208 (e)(1). In either case, the notice must include advise-ments that the employee’s leave “will be counted against [his] annual FMLA entitlement”; “any requirements for the employee to furnish medical certification of a serious health condition and the…”
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