Some employees have a knack for using up all their earned leave early in the year. Then they ask for more time off, unpaid if necessary.
Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working?
You can and should set strict standards for further leave.
Recent case: When Joseph DiMemmo exhausted his and sick leave, he tried to get more time off under his employer’s extended leave plan. The employer said he had to get a doctor’s note.
He balked, was suspended and then he sued. The court said the employer was within its rights to demand a medical explanation. (In re DiMemmo, No. A-2025-08T1, Superior Court of New Jersey, 2009)
- Make sure you ask for FMLA certification each time employee says she needs leave
- Refusing to return from leave
- Need to fire someone with known medical issues? Be prepared to prove your good faith
- Your best defense against failure-to-hire suits: Sound hiring process, complete documentation
- After brief FMLA leave, can we request a second opinion to make sure worker is ready to return?