Legal Question in Medical Leave in Missouri
Fmla
My husband is having knee surgery that will require him to take 2 weeks off from work. He has 450 plus hours built up for sick leave. His supervisor is requiring him to fill out FMLA papers. My question is does he have to complete the FMLA paperwork? What is the benefit? It looks to me as if this may put him in a position where they can then deny him pay if the physician doesn't fill out the papers to their satisfaction.
1 Answer from Attorneys
Re: Fmla
The benefit to your husband of filling out the FMLA paperwork is that he may then be eligible for FMLA leave. If he doesn't fill out the paperwork, then he most likely would not be eligible.
The benefit to FMLA leave is that it provides for job protection during the period of leave and reinstatement after the leave is concluded. This is separate from the issue of whether or not he gets paid for the leave since FMLA does not guarantee or mandate that the leave be paid.
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