Leave Status
21. Can my employer put me on FMLA leave whether I want to be or not?28
Yes. In all circumstances, it is the employer’s responsibility to designate leave, unpaid or paid, as FMLA-qualifying and to give notice of the designation to you, as long as the illness or injury meets the definition of a “serious health condition.”
22. Can I take leave on an intermittent basis or work on a reduced schedule?29
Yes. The FMLA does make provision for intermittent leave or leave on a reduced schedule for planned medical treatment or a serious health condition. Intermittent leave or reduced work week schedules for an employee taking leave for the birth, adoption or placement of a foster child are permitted under FMLA but only with the employer’s approval. Therefore, AFSCME councils and locals may negotiate language securing such rights.
When the need for such leave is foreseeable, based on planned medical treatment, the employer can require the employee to transfer temporarily to another position with equivalent pay and benefits if such a move better accommodates the employer’s needs during the period of medical treatment or serious health condition.30
23. Does workers’ compensation leave count against my FMLA leave entitlement?31
It can. FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to qualifying serious illness or injury and the employer designates the leave as FMLA leave in accordance with the regulations.
24. Can the employer count time on maternity leave or pregnancy disability leave as FMLA leave?32
Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious condition and may be counted in the 12 weeks of leave.
25. If I am too sick to return to work, can my employer force me to come back to work once my leave expires?33
No. If your serious health condition requires you to stop working altogether, you cannot be forced to return. But note that once you end your employment, your former employer has no obligation to provide health benefits. You may be eligible, however, to continue your health benefits for 18 months under the Consolidated Omnibus Budget Reconciliation Act of 1986, or “COBRA,” provided you pay the full cost.
26. Can I return to work early?34
Yes. If you begin a requested 12-week leave of absence and, three weeks into the leave ask to return to work earlier than originally planned, your employer is obligated to promptly restore you. FMLA states that an employee may only take FMLA leave for reasons that qualify under the Act, and may not be required to take more leave than is necessary to respond to the need for FMLA leave.
