Legal Question in Medical Leave in Missouri

Employers right to require medical leave

I was off work Mon. thur Wed with the flu. The flu turned into broncitus, which resulted in doctors advisement and continual care. I was advised by the doctor to be off of work the rest of the week. That made me eligable for short term disability.The waiting period at my job is 3 working days. Can my employer assign unrequested vacation days to be taken for the three days waiting period and,without my request, catagorize me under the Family Emergency Medical Leave Act?


Asked on 5/25/99, 10:35 pm

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: Employers right to require medical leave

whjile I can offer no legal opinion based on the limimted information you provide, the answer, generally is yes. If you qualify for FMLA then the employer mayt require that you exhaust unused paid leave concurrently with FMLA leav. this is to limit the totla absence of an employee to twelve week total in any 12 month period. they dont need your consent. The only caveat is , do your policies say otherwise? that is do they require a procedure to be followed requiring som action on your part to use the unpaid leave? If so, argue this point and do so in writing. Good Luck

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Answered on 5/28/99, 12:42 pm


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