Legal Question in Medical Leave in Indiana

When a person works in a school corporation with paid sick leave hours that accumlate over their years of employment do they first have to use all of their sick hours before the corporation can request that FMLA paperwork be completed by their medical Dr.? Are they then entitled to be givien back their sick hours???

Asked on 12/17/10, 6:01 pm

1 Answer from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Although the school corporation is allowed to exhaust all accumulated paid leave in advance of unpaid FMLA leave, it must begin the FMLA leave process at the time that a serious medical conditiion presents under circumstances that qualify the employee for FMLA leave. If you have any further questions, you can contact me at (317) 634-2200.

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Answered on 12/27/10, 7:20 am

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