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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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Pregnant daughter needs surgery on her foot but cannot have

Customer Question

Pregnant daughter needs surgery on her foot but cannot have surgery until after she delivers in January. Her employer, City of Shoreline, is telling her that she has to take FMLA now instead of in January when she is due. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Yes, it can be legal, depending on the circumstances.

If she is unable to work right now at her regular job due to the injury, there is no law requiring the employer to create a light duty position for her. They can require that she be able to do her regular job and if she is unable, then the employer can stop her from working.

That missed time would then be missed based on a medical condition and an employer, when aware of a qualifying medical condition, can inform an employee that they will be counting the time as FMLA time. The FMLA law specifically gives the employer the right to require the use of FMLA for qualifying time off.

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