Legal Question in Medical Leave in Oklahoma
Can you refuse FMLA and only use regular sick leave.
Is the U.S. Postal Service required to designate your sick leave as FMLA if you request that only regular sick leave be used.? Can they also say that they will require employees to use FMLA on all sick leave over 3 days or two visits to a doctor?
1 Answer from Attorneys
An employer can designate FMLA leave to run concurrently with sick leave
Generally, an employer may allow FMLA unpaid leave to run concurrently with sick leave. If they are refusing to allow you sick leave, then that would be addressed in your employer's policy. But, generally, if other employees who do not qualify for FMLA leave are entitled to paid sick leave under the same circumstances you should be as well.
I am not licensed in your state yet. So, I can't advise you on any state claims you may have. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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