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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4471
Experience:  Exclusively practice labor and employment law.
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My employer is a union co,We insure active and retire

Customer Question

My employer is a union co,We insure active and retire members ,also pension and vac benefits,I have been there 35 years and i have had multiple serious med issues,was off 4 months 2015 and just came back after 4 months.Now all of a sudden HR is telling me i need to go on FMLA leave even thou i still have vac and sick time,i never asked for it,Can they force me to go on FMLA instead of using my own time,TX(###) ###-#### ***** [email protected],COM
Submitted: 3 months ago.
Category: Employment Law
Expert:  John replied 3 months ago.

Yes employers can force the employee taking time off to use up their FMLA time. They usually do it concurrent with regular paid time off which is also legal. Basically they reason they do this is to make sure people aren't out longer than they have to give under the law, which si 12 weeks.

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