Kid saying NO.jpgI received a ton of feedback last week in response to my post about whether an employee can decline FMLA leave even though the absence qualifies under the Act. One question, in particular, was thrown at me repeatedly, and it went something like this:

In our workplace, when an employee doesn’t want to take

Q:  One of our employees will be absent for a serious health condition.  However, the employee prefers to use his accrued sick days instead of FMLA leave.  He has enough sick time to cover the absence.  In this situation, can the employee choose not to take FMLA leave, either because he has not specifically asked

Q: Can an Employer Deny FMLA Leave to An Employee Who Is Not Yet Eligible to Take Leave?

A.  It depends, particularly after a federal appellate court handed down a ruling on this very issue last week.

The underlying story is straightforward: On October 5, 2008, Kathryn Pereda began working for Brookdale, which operates senior

wh380f.jpgIn a flurry of activity at the end of 2011, several employers contacted me to determine whether the DOL notice and certification forms still were valid, even though they contain an expiration date of December 31, 2011.  In short, employers may continue to use the DOL’s FMLA forms, although consider our suggestions below before using