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I have a staff who has requested for PDL/FMLA starting October 1st week. Her doctors note however has put her on leave from september 2nd week till November 2nd week. Can we put the staff on leave on
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PDL
posted at 9/2/2009 9:05 AM EDT
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
I have a staff who has requested for PDL/FMLA starting October 1st week. Her doctors note however has put her on leave from september 2nd week till November 2nd week. Can we put the staff on leave on her requested date, or do we have to follow the date on the Dr. note. Any help is appreciated.
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PDL
posted at 9/2/2009 9:38 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree, I would ask for clarification from her doctor. Because under both the PDA and FMLA the employer can't require an employee to take more time than what is needed. An employer can't force a woman to start leave early just because she is pregnant under PDA nor can they force her to take more under FMLA...Directly from the FMLA Regulations 825.311:
"It may be necessary for an employee to take more leave than originally anticipated. Conversely, an employee may discover after beginning leave that the circumstances have changed and the amount of leave originally anticipated is no longer necessary. An employee may not be required to take more FMLA leave than necessary to resolve the circumstance that precipitated the need for leave. In both of these situations, the employer may require that the employee provide the employer reasonable notice (i.e., within two business days) of the changed circumstances where foreseeable. The employer may also obtain information on such changed circumstances through requested status reports." from http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.311.htm |
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PDL
posted at 9/3/2009 8:12 AM EDT
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Posts: 108
First: 2/1/2007 Last: 9/9/2010 |
When you say PDL, I'm assuming you mean CA's Pregnancy Disability Leave. You can certainly allow the woman to start her leave of absence early if you'd like, but you cannot designate it as PDL or FMLA. There may be other issues to contend with if you allow the woman to take a leave early, but that's another issue. |
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PDL
posted at 9/4/2009 9:07 AM EDT
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
Thank you for your responses. The staff actually is not trying to take the leave earlier than the doctor's provided dates. She actually wants to go on leave later than what teh dr note says. following your responses, i have tried to clarify the dates with the staff .... |
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