A. Permitted: If the City does not initially designate FMLA leave as required, the leave may retroactively be designated as FMLA leave with notice to the employee, provided the failure to timely designate the leave does not harm or injure the employee.
B. Mutual Agreement: In all cases where leave would qualify for FMLA, the Administrator and employee may mutually agree to retroactively designate FMLA leave. (2019 Compilation)