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  • treetrimmer
    started a topic Nevada fmla question

    Nevada fmla question

    Can an Employer force an Employee to use fmla for minor illness, such as a cold, the flu, ear ache, headache? The employee was off for three days. Isn't fmla voluntary to the employee? Meaning the employee has to apply for it?

  • cbg
    replied
    FMLA is not voluntary, no. If the employer, the employee and the medical condition all qualify and the employer knows it, the employer MUST apply FMLA protections unless the employee refuses to return the paperwork (in which case the employee would be subject to the employer's regular attendance policy and could, if applicable, be fired for excessive absences).

    However, in most cases a cold would not qualify for FMLA. The flu, an earache, or headaches might or might not depending on the exact circumstances. If the medical condition does not qualify as a serious health condition, then the employer cannot apply FMLA.

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  • Betty3
    replied
    Originally posted by treetrimmer View Post
    Can an Employer force an Employee to use fmla for minor illness, such as a cold, the flu, ear ache, headache? The employee was off for three days. Isn't fmla voluntary to the employee? Meaning the employee has to apply for it?
    If FMLA applies, the time must be charged to FMLA. However, common sicknesses such as cold, earache, headaches (though migraines might) do not count. What was the reason for being off in this case? I assume it was three consecutive days off? Thanks.
    Last edited by Betty3; 12-19-2008, 09:06 PM.

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