Susan Lessack

Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806

Susan K. Lessack defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

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Q. We have an employee who is going on eight weeks’ leave for a qualifying serious health condition. She isn’t requesting to use FMLA leave because she has enough paid sick leave. Can employees choose not to use FMLA leave even though they qualify?

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.