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  1. #1
    Join Date
    Feb 2007
    Posts
    29

    Default 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.

  2. #2
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default 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?

  3. #3
    Join Date
    Feb 2007
    Posts
    29

    Default 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.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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.

  5. #5
    Join Date
    Feb 2007
    Posts
    29

    Default 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.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default 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

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