sick_leave_protest.jpgQ:  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

woman_pregnant_child_stomach_brother_sister.jpgQ: 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

Q. We provide our employees “non-FMLA” leave after they have worked for us for six months. They are given up to six weeks off during that time if it can be certified by a physician.  Since these employees are not eligible for FMLA leave at this point, can we credit the time they took off against their

wrong-addition.jpgQ. We employ an FLSA-exempt employee who has been certified for intermittent FMLA leave for migraine headaches.  He averages two to three intermittent absences per month.  Normally, I would calculate the employee’s total FMLA allotment as 480 FMLA hours (12 weeks x 40 hrs/wk), but he claims he should be entitled to 600 FMLA hours because