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You can force an eligible employee to take FMLA leave

11/01/2007

FMLA provides up to 12 weeks’ unpaid leave to eligible employees for their own or a relative’s serious health condition. Employers can run FMLA leave concurrent with other paid leave if they choose, which has the effect of running out the clock. But what if the employee has a serious health condition and doesn’t want to use up her FMLA time just yet? Can you force her to take FMLA leave? You can, as the following case shows ...

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