Legal Question in Medical Leave in Tennessee
fmla
i had to go out of work,for 4 to 6 weeks, for bypass surgery. i have plenty of sick,annual,and compensatory time on the books, i provided my workplace with the proper documentation from my surgeon stating this. i was told,if i was out for longer than 15 days,i had to sign up for fmla.can they do this? i would rather pay my own way, since this is time i have earned over the years, and use fmla as absolutely neccessary. my interpetation, is that fmla was designed for people who had no time, or were about to run out,and to save your job. i have wrote you before,but have not recieved a reply.
1 Answer from Attorneys
Re: fmla
The employer can require you to utilize your FMLA leave for FMLA covered conditions. Since what you describe is likely an FMLA covered condition, the employer most likely can require you to use your FMLA leave.
This does not mean that you cannot also concurrently use your paid leave time. Nothing in the FMLA prohibits using paid leave concurrently with the unpaid FMLA time. Check with your company's HR department to see if the paid leave can run concurrent with the unpaid leave.
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