Comments on: FMLA Leave

By: Caitlin

Caitlin — Sat, 14 Nov 2009 14:05:14 +0000

Hi Dave! Thanks for bringing up an important point! Collective bargaining agreements change many situations in the workplace. ~ Caitlin

By: Dave

Dave — Sat, 14 Nov 2009 00:04:54 +0000

This may not be the case if the employee is covered by a collective bargaining agreement.

By: Caitlin

Caitlin — Sat, 12 Sep 2009 21:36:52 +0000

Hi Denny! Yes, the employer can designate this time off as FMLA. This choice is not up to the employee, it is up to the employer.
The employer can also require that the employee complete FMLA certification paperwork, and terminate the employee for excessive absenteeism if the employer does not comply.
However, even if the employee does not complete FMLA paperwork, the employer can designate this time off as FMLA. Under the federal FMLA, an employee is entitled to 12 weeks of medical leave. There is no requirement under federal law that an employee be given 12 weeks of unpaid leave plus their 3 weeks of sick leave. The maximum is 12 weeks, even if a portion of that time is paid.
As long as the employer informs the worker at the beginning of leave that it is being counted as FMLA, that is lawful. HTH, and thanks for reading the blogs!~ Caitlin

By: Denny

Denny — Tue, 08 Sep 2009 01:15:16 +0000

What if the employee had 3 weeks of sick leave instead of vacation leave? Example; an employee requires a week off to recover from an illness and chooses not to declare the leave as FMLA, they have adequate sick leave accumulated to cover the required time off. Can their company / agency force them to assign this as FMLA?

By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update Nov 26

Wed, 26 Nov 2008 23:02:43 +0000

[…] FMLA Leave By Caitlin The employers action in putting the employee on FMLA was 100% legal and even very compassionate. Employees who are on short term disability are normally also on FMLA at the same time. FMLA provides up to 12 weeks of unpaid, … Human Resource Blog - http://www.humanresourceblog.com/ Relief in Sight? DOL Issues Final FMLA Regulations. By elin@elinfonet.com (Employment Law Information… More than 15 years after the Family and Medical Leave Act (FMLA) was signed into law, the US Department of Labor (DOL) chose to evaluate and revise regulations that it had promulgated in 1995 during President Clinton’s Administration. … Federal Employment Law Articles - http://www.elinfonet.com/ […]