Can a company discipline an employee for taking medical leave?

discipline an employee because they have applied to take such leave or they are on a leave or have taken the leave For certain types of leaves, this prohibition extends where the employee intends to take it. All employees are entitled to medical leave protection of up to 17 weeks.

When do you get paid for expanded family and medical leave?

If you are taking expanded family and medical leave, you may take paid sick leave for the first two weeks of that leave period, or you may substitute any accrued vacation leave, personal leave, or medical or sick leave you have under your employer’s policy.

How long does an employer have to give an employee for medical leave?

An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. The employer must allow the employee at least 15 calendar days to obtain the medical certification.

How long can you take leave of absence for critical illness?

You can take a leave of absence for critical illness in 1 or more periods of a minimum of 1-week duration. You may not take leave due to critical illness for a child or an adult while 1 or more employees are taking compassionate care leave for the same person and vice versa. However, you may take this leave consecutively.

Can a employer ask about a medical leave of absence?

This is often a mistake. As a general rule, an employer should never ask about an employee’s underlying medical condition or diagnosis, either orally or in writing. If the employee has a serious medical condition, the leave may be protected by FMLA.

Do you need a doctor’s note for intermittent leave of absence?

In such scenario, requiring a doctor’s note for each instance of intermittent leave can give rise to a claim of FMLA interference.

When do I need to take time off for a medical issue?

In addition, DOL has an interactive FMLA Advisor for employers and employees. When employees need time off because of a medical or disability-related issue, it is important to remember that they may have rights under all of these laws at the same time.