On March 19, 2002, the United States Supreme Court invalidated a United States Department of Labor (DOL) regulation as being “manifestly contrary” to the Family and Medical Leave of 1993[1]� (FMLA). See Ragsdale v. Wolverine World Wide, Inc., 122S.Ct. 1155 (2002). The regulation at issue, 29 CFR �825.700, provides that any employee’s medical leave of absence from work that is not designated by the employer asFMLA leave by a written notice to the employee, will not count against an employee’s 12-week FMLA leave entitlement. As set forth more fully below, the Court held that the regulation “effect[ed] an impermissible alteration of the [FMLA's] statutory framework.”
In resolving what was clearly a close question of law – whether the DOL’s broad rulemaking authority permitted extension of the FMLA leave period as a remedy for the employer’s notice violation – the Court also recognized several important principles that will help employers to craft their policies and procedures for administration of their employees’ FMLA leaves.
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