25 NCAC 01E .1406          AGENCY RESPONSIBILITY

Designation of Leave as Family and Medical Leave.  The agency shall:

(1)           determine that leave requested is for a family and medical leave qualifying reason, and

(2)           designate leave, whether paid or unpaid, as family and medical leave even when an employee would rather not use any of the employee's family and medical leave entitlement.

When an employee is on paid leave but has not given notice of the need for family and medical leave, the agency shall, after a period of 10 workdays, request that the employee provide sufficient information to establish whether the leave is for a family and medical leave qualifying reason.  This does not preclude the agency from requesting the information sooner, or at any time an extension is requested.

History Note:        Authority G.S. 126-4(5); P.L. 103-3;

Eff. August 2, 1993;

Amended Eff. October 1, 2004; October 1, 1995; December 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.