Employee doesn’t want FMLA leave? Court says you can’t force the issue — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Employee doesn’t want FMLA leave? Court says you can’t force the issue

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in FMLA Guidelines,Human Resources

When an employee requests time off for an FMLA-related reason, you should inform her she may be eligible and provide information on how to request leave.

But sometimes, the employee may not want to use FMLA leave. Don’t force her.

Instead, make sure you carefully document that you told her what her options were. Then approve whatever type of leave she has requested if she is eligible and if she plans on taking time off.

As a practical matter, this means that she may end up with her full 12 unpaid weeks of entitlement to use later, after she has used up any other available paid leave.

As an employer, you may prefer that she run her FMLA leave concurrently with her paid leave, but that may not be an option after a recent 9th Circuit Court of Appeals ruling.

Recent case: Maria worked for a chicken processing plant and had used FMLA leave on at least 15 occasions in the past. She knew the drill—contact HR and ask for FMLA leave,...(register to read more)

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{ 1 comment… read it below or add one }

Anne ramirez May 5, 2017 at 7:28 pm

I am on FMLA and today I let the manager know that I would be in for the second part of my shift I had some medical issues come up in the morning she agreed later on I found out that she decided to cover my whole shift without my consent I lost a whole days worth of pay what can I do???

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