Legal Question in Medical Leave in Oregon

Can an employee be forced to fill out FMLA paperwork?

I have been forced to get dr's notes for my absences, and have either taken or not taken the FMLA option. This time I am choosing to not take the FMLA option but have given my employer a dr's note excusing the dates I was absent. My employer is telling me that THIS time I MUST fill out FMLA paperwork, by tomorrow no less, and get it to them. There is no option this time. Even though every other time and everyone else is given that option. Can they force me to do this as long as I complied with the dr's note?

Asked on 5/20/04, 1:09 am

1 Answer from Attorneys

Craig Crispin Crispin Employment Lawyers
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Re: Can an employee be forced to fill out FMLA paperwork?

An employer may elect to treat FMLA-qualified time as FMLA time, regardless of the desires of the employee. An employer can even designate such time retroactively. If the employer elects to designate qualified leave as FMLA leave, it can also require you to complete the related paperwork. The only way your described fact situation might be illegal is if the employer is treating you differently from others as some form of retaliation. Otherwise, it appears you will have to comply.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.

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5/20/04, 1:49 pm

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