Legal Question in Medical Leave in Florida

Paid time off exceeds FMLA benefits

Our company has six months of fully paid sick leave. If an employee was on FMLA and elected stay home rather than perform light duty, because they cannot perform an essential function of the job, would we be obligated to pay them for the time they took off, or could this be classified as FMLA with no pay?


Asked on 9/19/00, 4:16 pm

1 Answer from Attorneys

Re: Paid time off exceeds FMLA benefits

I think you are confusing two or three, if not four, employment laws in your question. In Florida you are not required to have "light duty" jobs. Light duty is a creation of workers comp laws when an employee is out on pay with an injury that prevents him from doing his normal work. Essential functions of the job is really a term of art from the Americans With Disabilities Act. What I think you need to compare, are your company's eligability requirements to get sick leave with the federal standards for FMLA leave.

That comparison, along with your current knowledge of this employee's situation should lead you to the answer you need. Send me an e-mail if you want to discuss this further or if my answer has simply confused you.

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Answered on 10/20/00, 3:46 pm


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