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Can my employer force me to use fmla?

Hampton, VA |

They state that after 4 days you must fill out the paperwork for fmla and your employment status is changed to inactive effective from the first day you missed. It was my understanding that fmla was a benefit that I could ask to use?

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Attorney answers 1


I would contact the US Department of Labor's Wage and Hour Division. This agency enforces the law and would be able to assist you. I have inserted a link below for you.

This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.

Susan A. Wuchinich

Susan A. Wuchinich


The employer may not force you to take such leave if your illness does not qualify under the FMLA. Thus, if it is not a serious health condition, the employer may not force you to take such leave. If it does, you may have a claim for unlawful interference under the act.

Susan A. Wuchinich

Susan A. Wuchinich


CAUTION: There is a divide among the circuits courts on this so the above statement may NOT apply in all states.....

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