Washington  |  Medical Leave

Legal Question

Asked on: 11/16/04, 8:53 pm

forced to use FMLA when I still have sick leave

I have over 400 hours of accrued sick leave and

am in the process of testing for an ongoing but

undiagnosed medical condition requiring periodic

absences. My employer claims that they are required

by law to place me on FMLA leave. They also state

that it protects me from disciplinary action for

possible sick leave abuse. I have not requested FMLA.

Can my employer force me to use FMLA to avoid disciplinary action?

Is my employer 'required by law' to place me on FMLA even against my wishes?

Can I just get my doctor to certify that I am sick to avoid 'discipline' and save FMLA time for the possibility of running out of accrued time in the future?

If I agree to FMLA now to cover sporadic absence, doesn't that ruin my chances of using the 12 weeks when my sick

leave has run out (if it ever does)?

Can an employer discipline and/or fire me for using

accrued sick leave if I get my doctor to verify that

I have an ongoing serious condition?

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