Legal Question in Medical Leave in New Jersey
FMLA and MS
My husband has Multiple Sclerosis and has worked for the US Post Office for over 22 years. He has over 1000 hours of sick leave acculumated and when he used some in November they requested FMLA paperwork which he supplied and they then kicked it back. They did this once before to him also. He feels he is being harrassed. Are they allowed to refuse to accept FMLA paperwork?
2 Answers from Attorneys
Re: FMLA and MS
If he has accumulated sick leave that he can take, the FMLA is irrelevant. The leave should be granted without regard to the FMLA entitlement.
See also: http://info.corbettlaw.net/lawguru.htm
Re: FMLA and MS
You don't say why the FMLA paperwork was kicked back. Without knowing that I cannot give you an answer to your question. However, if he has so much sick leave accumulated he may be required to use that up before he is eligible to be covered by the FMLA.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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