Legal Question in Medical Leave in South Carolina
Fmla
I am a salaried exempt employee and recently broke my arm. My doctor wrote me out for 1 week, the note basically said I came into his office on this date and could return to work 1 week later. My employer is forcing me to fill out an FMLA request form. My understanding is that it is my RIGHT to request it, not my employer's right. Can my employer force me to request FMLA?
1 Answer from Attorneys
Re: Fmla
From the DOL website:
"In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee's return to work."
For further reading, see http://www.dol.gov/esa/whd/regs/compliance/1421.htm
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