Legal Question in Medical Leave in Indiana
fathers on pregnancy leave
We have an employee whose wife is pregnant. Is it up to the employer to approach this employee about FMLA and can we designate it as FMLA even though the employee only wants to take vacation, not FMLA? Should we have him sign a waiver stating that he doesn't was FMLA? I read that it is up to the employer to approach an employee if they catch wind of a situation. Is this true or does the employee need to approach the employer? Can you force an employee to take FMLA?
1 Answer from Attorneys
Re: fathers on pregnancy leave
If the employee has requested leave time and it is for a qualifying condition (and the employer is covered), the employer can designate the time as FMLA leave. This is true even if the employee has vacation time. The employer cannot force the employee into taking unpaid leave when paid time is available.
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