Legal Question in Medical Leave in Virginia
If an employee has enough sick leave for a 2 week absence, can they be forced to use FMLA?
Asked on 2/18/10, 4:27 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
The employer can require that an employee covered by FMLA must first use his or her accumulated personal leave before resorting to FMLA leave, but not the reverse(as far as I am aware). The use of FMLA leave is entirely voluntary on the part of a covered employee and s/he cannot be compelled to use such leave
no matter what the reason advanced by the employer.
Answered on 2/25/10, 1:33 pm
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