FMLA eligibility question
Library HR 37 Posts
So, I was reading today that an employee can turn down FMLA and use up their annual accrued leave in accordance with our leave policy. Does that mean that an employee with 12 weeks of saved leave can use that leave and then have a second FMLA occurrence within 12 months and get an additional 12 weeks of unpaid leave, leaving us with an unfillable position for 6 months?
This bulletin has a test your knowledge section that is stating that even if eligible for FMLA, employees can choose to use their paid leave instead. This is not what I had understood to be the case. I thought if the situation was such that FMLA was needed, medical certification was sent to the doctor and the decision was made based on what the doctor wrote.
I hesitate to name the publication, but it makes me wonder what else I am passing along that is not correct.
Also, we are not in the District where this ruling occurred and since it hasn't been ruled on at the appellate level, it is not yet a game changer.
Just going to keep doing it the way we have been and keep an eye and ear out for further changes. Thanks to everyone for their comments.