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  1. #1
    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.

  2. #2
    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.

  3. #3
    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

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default 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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