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FMLA LEAVE

DORISDORIS 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
IF I OFFER AN EMPLOYEE FLMA LEAVE AND SHE REFUSES TO TAKE IT, WHAT ARE MY OPTIONS.


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  • MichelleMichelle 7 Posts
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    Are you sure that she understands the true benefit of the FMLA? I've not personally had anyone not want to take advantage of the FMLA, however, in your case, I'd make sure that I had documentation that FMLA was offered and that the employeed declined. Remember also, that if she later decides to take the leave, we are not allowed to retroactively designate the time she's arleady taken as FMLA.


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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    An employer designates FMLA leave, not the employee. How is the employee refusing? If the employee is coming to work, that's ok. If the employee is not coming and is calling in sick, the employee can be disciplined for her absenses. However, I would make sure that the employee understands that she has a right to FMLA and that the consequences of her refusing to turn in the FMLA documentation are that she can be disciplined for her absenses. I would make sure she has this information in writing and hand deliver it to her.


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