Legal Question in Medical Leave in Nevada

Forced fmla by employer

Can an employer force an employee to take fmla against their will? When an employee is sick more than 3 days and comes back to work, the employer tells them they have to sign fmla paper work. Even if they don't want it. Then make you use your hard earned vac. and paid personal days to pay for it. Our contract provides us with the ability to combine sick days (unpaid) into one (1) incident, with a doctor's proof. We are allowed 15 rolling incidents in one year. The company is using the government as an excuse to mess with the employees time off work. Much less needlessly using up our fmla time when we might really need it down the road, who knows when some one might really need time off for a life threating illness.

Asked on 12/19/08, 3:34 pm

1 Answer from Attorneys

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Re: Forced fmla by employer

The FMLA law permits an employer to require the employee to use accrued paid vacation leave or sick or family leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement.

See http://www.dol.gov/esa/whd/fmla/ for more information.

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Answered on 12/19/08, 4:05 pm

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