Legal Question in Medical Leave in Tennessee
Am i required to take fmla
If i developed a skin irritation that may be contagious and my physician took me off work for 5 days am i required to take fmla? I have hundreds of sick hours to take. My employer has informed me that i must take fmla after 3 days of being absent from work. I do not understand why because i will not be gone for a twelve week period and i am using my sick time. What subsection of fmla reuires me to take fmla after 3 days of sick time, and if there is no subsection can a company put this in their own policy?
1 Answer from Attorneys
Re: Am i required to take fmla
Generally, your employer is going to have a lot of flexibility to designate time you take as leave time under FMLA (which reduces your available FMLA time) and still pay you for your sick time under the traditional sick leave policies (which reduces your available sick leave time). Based on this, it is likely that your employer is not doing anything illegal. If you are doing on-line research into the FMLA, you need to be aware that many of the regulations interpreting the FMLA have been held by various courts to be unenforceable. Therefore, if you have any further questions, you may want to consult with an attorney whose practice is dedicated to protecting worker's rights.
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