Legal Question in Medical Leave in Florida

fmla required?

Recently I informed my employer I would be having surgery and miss a maximum of 2 weeks work. I have paid sick leave to cover this. My supervisor insisted I have the FMLA forms signed by my doctor and has informed the district office and the central office that I would be useing FMLA.

I do not plan to use it and I do not trust their motives.

Any thoughts?


Asked on 6/28/07, 8:20 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: fmla required?

This is legal.

First, FMLA is just protection, not leave. Basically, it guarantees you get your job back and suffer no retaliation for taking time off.

Second, the employer is required to apply FMLA when they have notice of an FMLA-protected condition. It is not up to you to "not use it".

Last, then, their "motives" are to comply with the law, ensure you have job protection, and also ensure that the time is counted as FMLA so that you get your 480 hours per 12 month period, but no more.

You can view the regulations at dol.gov. Click on the part about FMLA, and then click on regulations.

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Answered on 6/29/07, 8:48 am


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