Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use
A. You can require that the employee use FMLA leave so the time she is out will count against her 12-week FMLA entitlement. Since you are on notice that she has a serious health condition, you should designate the leave as FMLA and provide her with the appropriate paperwork to process the leave.
- Firing during FMLA leave: legal, but usually unwise
- Beware 'injury discrimination' suits for failing to treat injured workers like other employees
- Absent genuine doubt, grant FMLA care request
- No special protection for morning sickness
- ADA alert: Managers and supervisors can't force workers to disclose illnesses