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FMLA FAQ: Can an Employer Require an Employee to Make Up Time Taken as FMLA Leave?

By Jeff Nowak on April 5, 2012
Posted in Interference

Q:  We have an employee who works four days per week.  He regularly calls off work one day every other week due to his chronic bad back.  Can we require that he “make up” his day off later in the workweek?

A:  The FMLA regulations do not give us any clear guidance as to whether an employer…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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