Legal Question in Medical Leave in Florida

Can employer require employee to use FMLA?

If an employee wants to use accrued sick leave time for family emergency medical leave, can he/she be required to use the FMLA even if the employee does not wish to do so? An employee has a sick leave balance of 800 hours and wishes to use only 40 hours for his emergency. The department is requiring he use one week of his FMLA in conjunction with the 40 hours of paid leave. Does the employee have an option to say no, I do not wish to use my FMLA at this time?


Asked on 6/13/00, 5:12 pm

1 Answer from Attorneys
Kelly Henderson

Re: Can employer require employee to use FMLA?

FMLA requires that a covered employer allow a covered employee to take 12 weeks of medical leave during any 52 week period. The law does not require an employee be allowed to take 12 weeks of FMLA leave IN ADDITION to what ever sick leave they may have. So the answer to your question is yes an employer may classify 12 weeks of the paid sick leave you take this year as FMLA leave.

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Answered on 8/01/00, 6:17 pm


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