Legal Question in Medical Leave in California
Employer designation
Can an employer designate to an employee FMLA? If a employee is off on a work comp claim or a non-work related injury or illness, can FMLA be assigned to the ee even though the ee has not requested the FMLA (but was notified of the designated FMLA)?
Asked on 10/12/02, 12:22 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Employer designation
No. An employee must request to be placed on family medical leave. It cannot be imposed upon the employee by the employer. I would question, however, why the employee would not want the protection of FMLA or CRFA leave.
Answered on 10/15/02, 11:25 am