Legal Question in Medical Leave in Virginia
Fmla
Can you give me a court decision for anything to substantiate that the fmla must be initiated by the employee. my benefits administrator says you are wrong and that employers are required to put employees on the fmla whenever they are sick. he said that he talked with the attorney general in Richmond and that is what they told him.
1 Answer from Attorneys
Re: Fmla
One need not review any court decisons to determine
this issue; merely reviewing the provisions of the Act itself should be sufficient.
Under these provisions, an employee who requests leave under FMLA can be required by his/her employer to first use accumulated sick, vacation, or other personal leave before being placed on FMLA leave, There is nothing in the Act, however, which authorizes (as far as I am aware)an employer to arbitrarily place an employee on FMLA leave without said employee having requested or consented to it.
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