There must be something in the water, but several clients have asked me this week whether they are required to pay an employee for the Memorial Day holiday even though the employee was out on FMLA leave. Interesting question, and the answer is fairly straightforward: treat them the same way you would treat another employee
The Department of Labor was serious when it required employers beginning in 2009 to provide individual FMLA notices to employees regarding their eligibility and rights (Notice of Eligibility and Rights & Responsibilities) and whether FMLA applies (Designation Notice).
Apparently, courts think this is important, too. And The Wackenhut Corporation learned this lesson the hard
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