Waiving FMLA Rights

Michelle Crowe

We recently changed our policy and require associates to use use vacation concurrently with FMLA. One associate, who has been using FMLA for fibromyalgia, indicated that she does not want to use FMLA any longer because she doesn't want to use her vacation. Mysteriously, her attendance has improved.

My questions: can employees waive their FMLA rights? Should we provide documentation stating they are waiving FMLA rights? Basically, how should I handle this??

Rather new to the Forum - appreciate any assistance provided. Michelle

dixied

Welcome to the Forum. You'll find many helpful professionals offering a wealth of information.
In response to your question..."It is the employer's responsibility to designate a leave of absence as FMLA. Employees cannot waive their rights under the FMLA. Employers requiring of making FMLA leave mandatory for eligible employee who are taking leave for qualifying events is presmissible under the law."
I took these comments from an Advisory Opinion of the Wage-Hour Administator in a FML Guide.

System

Welcome to the Forum, Michelle!

I agree with dixied - you want to designate all eligible leave as FMLA in case it ends up totaling 12 weeks.

And congratulations on your new power to cure people! x;-)

James Sokolowski
HRhero.com

LindaS

The employee does NOT have the right to refuse FMLA should their condition require the use of time off work. Follow your policy and if the EE gets to the point that they utilize all their available paid time off and would like additional time off work for another reason, you could look to grant something but you are not required to do so. If the EE doesn't want to use their FMLA, how would their absences be handled?