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Can a Suspended Worker Qualify for FMLA Leave

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  • 10-19-2016, 02:17 PM
    lawfacts
    Can a Suspended Worker Qualify for FMLA Leave
    If an employee is on a paid suspension from employment during an investigation of workplace issues, can the employee go out on FMLA leave?
  • 12-08-2016, 09:09 AM
    Mr. Knowitall
    Re: Can a Suspended Worker Qualify for FMLA Leave
    Yes, if the employee qualifies for FMLA leave the employee may assert his or her FMLA rights, but....

    FMLA leave is unpaid leave, so the employee may end up on an unpaid leave instead of continuing the paid suspension; and

    FMLA leave won't stop the investigation, so if the investigation ends up leading to termination the employee may still be terminated for any past misconduct.
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