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How to properly place an employee on FMLA

12 November 2010

If an employee is eligible for FMLA coverage, you should place that person on FMLA leave. If you do not, she may not receive all of her rights and benefits under the law, and you cannot count her leave time against her 12-week entitlement.

Q: We have an employee who has been out of work for four weeks for a medical condition (supported by a doctor’s note) and is now asking for another two weeks of sick leave. It is getting tough to find other employees to cover her shifts. She has not requested FMLA leave. Do we have to give her the additional leave?

A: If your organization is covered by the Family and Medical Leave Act (FMLA) and the employee is eligible for FMLA leave, she is entitled to take up to 12 weeks of job-protected leave, assuming her medical condition meets the FMLA’s serious health condition definition.

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