Q & A Session – Required to File for FMLA?

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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:

Could you please tell me whether an employer can require employees to file for the Family and Medical Leave Act (FMLA)?

A:

Most employers can require their employees to designate an absence as FMLA, but not the federal government. OPM regulations on FMLA cover only federal employees and specifically state that the decision to invoke FMLA belongs to the employee.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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