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FMLA - Can an emp refuse it?
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FMLA - Can an emp refuse it?
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We are required in IL to do FMLA but I have an emp that has more that enough PTO time to cover her being off for 3 weeks. Does she have the right to refuse to take FMLA? Thanks.
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FMLA - Can an emp refuse it?

posted at 11/1/2010 7:51 AM EDT
Posts: 38
First: 7/8/2008
Last: 11/18/2010
We are required in IL to do FMLA but I have an emp that has more that enough PTO time to cover her being off for 3 weeks. Does she have the right to refuse to take FMLA? Thanks.
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FMLA - Can an emp refuse it?

posted at 11/1/2010 9:01 AM EDT
Posts: 1103
First: 3/16/2007
Last: 8/19/2011
Not necessarily under Federal law but I can see an argument against my point.

Yet, if they refuse the protections of FMLA then you, as an employer, can address their absenteeism just as you would any other attendance issue.

State law may trump all of that.
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FMLA - Can an emp refuse it?

posted at 11/1/2010 10:09 AM EDT
Posts: 79
First: 12/20/2004
Last: 2/17/2011
It's up to the employer not the employee to designate time as FMLA. They can use PTO to get paid for it, but it's still FMLA. This is to prevent the employee from using all of their PTO and then requesting an additional 12 weeks of FMLA. In our company we require them to use all PTO before they can go on unpaid FMLA, but we do charge FMLA for the paid time.
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FMLA - Can an emp refuse it?

posted at 11/2/2010 7:00 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
No an employee can not waive their rights to certain laws -- FLSA, FMLA, etc. The employer MUST apply FMLA when applicable. The employee does NOT have the right to refuse it. I know plenty of employees who want to "save" the time/protection, but that is not the way the law works.

However what the employer can do is take into account what PTO the employee used at the beginning of FMLA as an extension to FMLA as a company policy on leave extension.
You just need to make sure that your benefits plans allow for that extension and a continuation of benefits, if that is what the company wants to do.

Otherwise
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