Legal Question in Medical Leave in Kansas
Employers allowed to withhold FMLA benefits
Does the employer have to offer FMLA even if the employee has a lot of paid time off (sick leave, vacation, etc.). My fathers work will not let him take FMLA because he has so much time he could take off. He is having to take off about a week a month for his cancer treatments and his work is stating that they do not know how much longer they can put up with it. Isn't the FMLA supposed to be there to protect his job while he is getting treatment because they could easily fire him now for taking excessive time off.
1 Answer from Attorneys
Re: Employers allowed to withhold FMLA benefits
An employer can choose to not call the leave FMLA, but this does not mean that the employee can be stripped of the FMLA protections.
FMLA is a job/leave protection statute. As such, it will protect the employee's position during the time of leave so that there is a job to come back to once the need for leave has passed.
The employer is free to run paid time off concurrently with the protected (and unpaid) FMLA time, but the protections of the statute cannot be denied.
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