Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have an employee who was out on sick leave, but never requested FMLA protection. Can an employee ask for retroactive FMLA? A: A qualified employee may use up to twelve (12) workweeks of leave during any 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her position. 5 CFR § 630.1203(4). In order for an absence to qualify…
Browsing: FMLA
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: An employee tells coworkers that he will be taking off for a long weekend, but does not have seniority to receive leave and is on the work schedule for those days. The employee then calls in with an emergency and claims FMLA (Family & Medical Leave) for those same days. Is this FMLA abuse? A: The FMLA rules anticipate that an employee request a FMLA absence in advance. Recognizing that…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have an employee who was placed on Family and Medical Leave (FMLA) to care for an estranged child. However, the employee has been posting pictures on Facebook showing him with his child during activities like site-seeing and fishing. Is this an abuse of FMLA? A: A qualified employee may use up to twelve (12) workweeks of leave during any 12-month period to care for his or her son or…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that may be of interest to the entire audience. Q: Good evening, I am an SSA employee. I have been on medical leave and exhausted all my annual leave and sick time. My manager has informed me they have no choice but to charge me absent without leave (AWOL). I will submit medical documentation to continue my leave without pay (LWOP), but my question is: Should I go to work on even without my doctors authorization? I have a pending immediate disability retirement claim at the reconsideration level and a SSA…