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can an employer force an employee to take fmla if he/she doesnt have fmla

No, an employer cannot force an employee to take Family and Medical Leave Act (FMLA) leave. In fact, if the employee does not provide healthcare certification of the need for leave, most employers would not designate any absent time as FMLA.

However, if the employee does not wish to take FMLA leave and does not provide the required certification, the employer can and should manage any absences according to their attendance policy. Employers in this situation must maintain the necessary records to document that the employee was offered FMLA leave, given an opportunity to provide healthcare certification, and refused to do so.


This entry was posted on Friday, April 13th, 2012 at 10:44 am and is filed under
Attendance Management, Human Resources Management, Labor Laws.
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