FMLA can be applied but only for ‘serious health condition’

December 2023 employment law letter

Authors:

James P. Reidy, Sheehan Phinney Bass & Green PA

Q One of our managers has been out on short-term disability (STD), but he didn’t apply for Family and Medical Leave Act (FMLA) leave. If he returns three days per week, can we apply FMLA leave to cover the other two days?

If the employer is a covered employer under the FMLA and the employee is eligible for FMLA leave benefits, then yes, if the reason for the STD leave qualifies as a serious health condition under the FMLA, the employer can designate the two remaining days as reduced-schedule leave under the FMLA.

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