(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
Secs. 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).
