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Employee Asking Not To Use FMLA

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  • 05-27-2008, 12:08 PM
    jlobos
    Employee Asking Not To Use FMLA
    I am requesting info as a California employer.
    I have an employee requesting NOT to use FMLA and is now asking for the specific Federal regulation that says the employer has the right to designate this time if there is enough information that shows it's for a qualifying event. This employee has had surgery and we've designated his leave as FMLA. He's saying we don't have that right since he had not asked for it. Can someone please give me the actual regulation that says the employer can designated in this case? I really appreciate any help I may receive.
  • 05-27-2008, 12:14 PM
    mlane58
    Re: Employee Asking NOT To Use FMLA
    Quote:

    Quoting jlobos
    View Post
    I am requesting info as a California employer.
    I have an employee requesting NOT to use FMLA and is now asking for the specific Federal regulation that says the employer has the right to designate this time if there is enough information that shows it's for a qualifying event. This employee has had surgery and we've designated his leave as FMLA. He's saying we don't have that right since he had not asked for it. Can someone please give me the actual regulation that says the employer can designated in this case? I really appreciate any help I may receive.

    The employee is wrong, the employer is obligated under the act and the employee doesn't have to ask. If the employer is aware of the triggering event, they have to place the employee on FMLA and provide the certification to the employee for their provider to complete---very simple. Why is the employee fighting you on this?
  • 05-27-2008, 12:21 PM
    jlobos
    Re: Employee Asking NOT To Use FMLA
    The employee is fighting me on this because he is a Union rep. and they fight everything. I need the regulation to provide to him in a grievance.
  • 05-27-2008, 12:32 PM
    cyjeff
    Re: Employee Asking NOT To Use FMLA
    Just because I am curious, how is the rep saying the time SHOULD be logged.

    But you have no more choice in the matter than he does. You MUST file the FMLA paperwork.

    It is the law.
  • 05-27-2008, 12:36 PM
    jlobos
    Re: Employee Asking NOT To Use FMLA
    He wants his time to be protected ONLY under his MOU which does not discipline attendance for surgery. He's a regular intermittent FMLA user and I'm sure would like to have time available to him upon his return.
  • 05-27-2008, 12:54 PM
    cyjeff
    Re: Employee Asking NOT To Use FMLA
    Yeah...

    I thought it would be something like that.

    He doesn't get to have it both ways. Unless the CBA states differently, no company in any jurisdiction is required to hold a job through more than 12 weeks in any calendar year (unless that employee is caring for an injured member of the armed forces)...

    See http://www.dol.gov/elaws/esa/fmla/faq.asp
  • 05-27-2008, 06:21 PM
    cbg
    Re: Employee Asking Not To Use FMLA
    When I have an employee who demands to be shown the law that says I can do something, I turn it around on him and demand that he show me the law that says I can't.
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