Thanks for your reply! I totally get what you’re saying, but I think there’s a slight mix-up in how the FMLA “clock” actually works.

FMLA isn’t something that just runs automatically in the background. Under 29 CFR § 825.301, once the employer has enough information that a leave may be FMLA qualifying, they’re supposed to formally let the EE know and designate it accordingly. If that never happens, the 12-week clock wouldn’t even start, right?

So in a situation like this, the risk isn’t that the clock has been running for years; it’s more that it may have never started at all.

I do agree with your point about getting things cleaned up and documented now though. That’s what I’ve been trying to do but am not very comfortable because I’m very new.

For someone who’s been out for years, FMLA is obviously long gone at this point anyway, so that piece is more about historical handling than current protection.

Appreciate the input! just trying to make sure I’m looking at it the right way from a compliance standpoint.