If an employee is on a paid suspension from employment during an investigation of workplace issues, can the employee go out on FMLA leave?
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If an employee is on a paid suspension from employment during an investigation of workplace issues, can the employee go out on 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.