Legal Question in Medical Leave in Indiana

Available Sick Time and FMLA Leave

An employer may require an employee to use available sick time as part of the 12 weeks of leave provided under the Family Medical Leave Act, under Section 825.208 of the regulations to the Act. The leave being taken, however, must qualify as FMLA leave before the employer or employee may apply the other leave time. The OB visit would qualify for FMLA leave only if the visit is due to a serious health condition that makes the employee unable to perform the functions of her job. If the OB visit is a routine exam, to determine the health status of mother and/or child, then it will not qualify as FMLA leave, and neither the employer nor the employee may designate it as FMLA leave. This does not preclude the OB visit from qualifying under other leave provided by the employer or by state statute (if any). You should contact an attorney in your area to discuss this matter, inasmuch as other facts and circumstances may affect your rights concerning your employment.