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)
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- Think twice before doing anything to discourage employee lawsuit
- How many lawyers do we need? Lawsuit names company and individual managers
- Know what qualifies as a legitimate reason to take FMLA leave
- Employee may be using FMLA leave for years to come--how often can we request an updated certification?