Legal Question in Medical Leave in Pennsylvania
Fmla
Three days after reporting off work due to back pain, my employer sent a certified letter containing application and medical certification forms for FMLA. I called HR and was told I MUST file for FMLA even if I return to work in a few days. If I refuse to fill out the forms, the company Medical Officer will decide if my time off qualifies as FMLA. My question: Can my employer force me to apply for FMLA ?
1 Answer from Attorneys
Re: Fmla
You asked about FMLA policies.
FMLA is still a new law and the courts are taking the position that where the law is silent or give an employer a choice then the employer's non-discriminatory policies will prevail.
Just because an employer is requiring an FMLA application does not mean the leave will be applied to FMLA if it is a medical leave. Under the law an employer must apply earned accrued time before an employee may be charged to FMLA leave.
So to answer your question, yes an employer can require an FMLA application.
Regards,
Roger
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