Question:

Can a Company FORCE you to take family medical leave?

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My manager was reported to be stealing from the Company. Rather than the Company confronting him, I was forced to take family medical leave, and then fired when I tried to return to work.

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4 ANSWERS


  1. Yes they can force you to take it; simply put the FMLA requires them to carry you as employed and pay your health insurance and other benefits but they (meaning the business) does not want you taking a long time off without pay and then claiming FMLA when they question you about coming back.  I do not see how they could force you to take FMLA if you manager was reported to be stealing though; FMLA is related to a personal or family emergency and has nothing to do with non-relatives or things at work.  It is also illegal for them to fire you for taking FMLA or when you try to come back unless you had not been cleared by a doctor or the family member.  Really your whole scenario about this is rather strange and nothing fits an FMLA category unless they are saying you are the one who made the report and it is based on mental problems you have )fantasy about it) and placed you on FMLA to get treatment; then if you refused treatment and tried to come back the business can legally fire you.


  2. See an attorney you may have a whistleblower law suit... (Law prohibits employers from firing U b/c you report illegal activity... ).

  3. I worked at a bank that was funny like that.  And they would make you fill out the papers if you were gone for more than 3 days.  And yes, they did threaten to fire people about it. **sigh**  I apologize that corporate american stuck you.

  4. Most states are employment at will which means an employer can hire or fire whenever they want.  So firing was probably within their rights. So, while a company can't FORCE you to take FMLA they can fire you.

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