Legal Question in Employment Law in Florida

fmla leave
If your leave time is combined to one pool of time to include both vacation and sick leave and you have plenty of time in that pool of time (PTO-paid time off) and have been approved to be off. Should you be required to complete FMLA paperwork, if you had submitted a leave slip to use 5 to 10 days of your leave and it was known that you were going to have no surgery from a car accident a year ago? What would be the benefits or disadvantages to doing the FMLA form for this? Seems like it would be a disadvantage for the employee if he is using his leave time because he may need the FMLA coverage later.

Asked on 9/26/01, 4:11 pm

Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

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Re: fmla leave

FMLA leave is available only for limited situations, including a "serious medical condition."

If your need for leave does not fit one of the limititations in the FMLA you should not be required to use the leave.

Answered on 11/07/01, 1:25 pm

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