Can FMLA be used retroactively???
I work with 2 individuals who were on the verge of being terminated due to the company's attendance policy. One individual just had their FMLA approved by their Dr. within the last two weeks,however his supervisor went all the way back to August. 2014 to remove absences from his record so he would not be on a final warning.
The other individual had exhausted their FMLA and incurred infractions under our attendance policy. She also was on a final warning and was scheduled to be terminated but miraculously obtained FMLA paperwork at the last minute. Her attendance violations were also removed retroactively thus canceling her termination because she is no longer on a final warning. Is this legal under the provisions of FMLA???
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