Legal Question in Medical Leave in Wisconsin
enforcement (employer)
Does the employer have the right to automatically deduct time off (i.e.missed work for three days because of illness) from your annual FMLA entitlement? It is my belief the employee has to submit a claim for these benefits.
1 Answer from Attorneys
Re: enforcement (employer)
If leave is taken for a reason provided for under the Family Medical Leave Act, such as a serious medical condition that prevents the employee from performing his/her duties, then the leave time may be taken as FMLA leave. The focus of the FMLA is the reason for the leave, as opposed to what the employer or employee want to call the leave. This prevents employers from avoiding their obligations under the Act, and it prevents employees from enlarging the leave available to them by resorting to other leave programs provided by the employer.
Stephen Scapelliti
Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.
39395 W. Twelve Mile Road, Suite 200
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
