When may an employer refuse to allow an employee to take FMLA leave or refuse to reinstate an employee after such leave?
An employer who meets the minimum size requirements of the Family and Medical Leave Act must allow an employee who has been employed for at least one year and who has worked slightly more than one-half time in the past year, to take up to twelve weeks of unpaid leave for medical reasons, or to care for a new baby, child, or family member with a serious medical condition. There are certain situations, however, in which an employer may delay or deny such leave. For example, an employee must give thirty days’ notice of his or her need for leave if possible. An employee who plans necessary but not emergency surgery must give the employer such advance notice. If the employee fails to do so, the employer may require the employee to delay his or her leave until the notice period has elapsed. Furthermore, an employer may refuse or delay a leave if the employee fails to provide timely medical certification of the need for leave, whether the leave is for the employee’s medical condition or to ca
Related Questions
- Under the Family and Medical Leave Act, when may an employer refuse to allow an employee to take family or medical related leave or refuse to reinstate an employee after such leave?
- When may an employer refuse to allow an employee to take FMLA leave or refuse to reinstate an employee after such leave?
- Can an employer refuse to grant an employee FMLA leave?
