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  1. #2
    Join Date
    Sep 2005
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    Default 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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