Our New York Employment Lawyers are regularly asked about what an employer can do when an employee is on FMLA leave. Here are some points to consider: Your employer can make you use your paid time off. Your employer may require you to take paid leave concurrently with their unpaid FMLA leave. This may include vacation time, paid personal leave, and paid sick and medical leave. The employer may waive any procedural requirements for the taking of paid leave and you are always entitled to their unpaid FMLA leave even if you do not meet the employer’s requirements for taking paid leave. If the employer is not making you use your paid time off for the intermittent leave, you should be entitled to use it like anyone else.
Your employer may communicate with your health care provider to get information required by the FMLA certification form. Employers are prohibited from asking for information other than what is required by the certification form. If the employer determines that a medical certification is not complete or is insufficient, the employer must provide written notification to you of what information is lacking and give you seven calendar days to cure the issue.
Your employer may require the certification to address your ability to perform the essential functions of your job. In the event that reasonable job safety concerns exist, an employer can require a fitness-for-duty certification before you may return to work when you take intermittent leave.
Your employer is not allowed to use your FMLA leave against you. The employer cannot write you up for poor attendance, give you poor performance evaluations for excessive absenteeism or for failing to perform while you were on leave, demote you or fire you for taking leave.
Our New York Employment Lawyers handle FMLA and related cases from start to finish. If you have any questions, please contact us. All e-mails are answered by an attorney within 24 hours.