Legal Question in Medical Leave in Texas

Required to use FMLA for 1 hour dr. appointments, non serious caare

My employer requires me to provide information and charges my Physical Therapy appointments towards FMLA. I have several hundred hours of paid sick leave. I use about 22 hours per year in sick leave for various appointments. I will need to have physical therapy for 4 weeks, 2 times per week. Is it correct to charge my hours against FMLA? It seems to me that if I really need FMLA one day, it will be denied because I have used some of it in the past 12 months.


Asked on 11/19/03, 4:24 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Required to use FMLA for 1 hour dr. appointments, non serious caare

Employers are permitted to require employees to utilized unused sick days and vacation days as part of their FMLA related leave. On a different note, if you are FLSA exempted employee who has hourly deductions for doctors visit, you may be eligible for overtime.

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Answered on 11/20/03, 12:54 am


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