Legal Question in Employment Law in Texas

Can an emoyoyer limit your fmla leave to 1 day per month per flare-up or appointment and 1 day per episode.


Asked on 5/19/10, 3:48 pm

1 Answer from Attorneys

Joe Gilbreath The Gilbreath Law Firm, PLLC

Generally no. However, if the employer requires (or you provide) medical certification and it limits leave to one day per episode then the employer may also impose the limit. The employer in this situation has two problems: (a) what if there are separate episodes on consecutive days or (b) the medical certification is amended to provide for exceptions to the general rule. The way the certification is worded and/or filled out is key. FMLA may also be limited where the employee fails to give proper notice of foreseeable absences. You should seek qualified legal counsel to examine the details of your particular situation.

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Answered on 5/24/10, 5:10 pm


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