Can an employee decline FMLA?
Generally, a stated desire to take FMLA (or not) is immaterial. Once an employer knows the leave is being taken for an FMLA reason, they must provide the designation notice. Employers should not permit an employee to take personal leave in lieu of FMLA leave if the leave is FMLA-qualifying. Previously, if an employer wanted to give the employee the option to decline FMLA leave after providing a designation notice, they could document it in writing with written acknowledgement that the employee understood the rights they were forgoing. This video reviews why employers should not let employees decline FMLA and discusses the importance of using job descriptions proactively.
Catherine T. Barbieri
Fox Rothschild LLP
- Co-chair of Fox Rothschild LLP’s nationwide Labor & Employment Practice, and partner in Fox Rothschild LLP’s Philadelphia office
- Senior trial lawyer
- Extensive experience handling a full range of employment matters, including discrimination and wrongful termination suits, restrictive covenant litigation, wage and hour compliance, and counseling and litigation avoidance
- Avid author and speaker, she lectures regularly to attorneys, human resource professionals and executives on disability and accommodation issues, managing leave under the Family and Medical Leave Act and responding to harassment complaints
- Serves as a member of the Board of Directors of Women’s Way and the Corporate Sponsors Board of the Philadelphia Museum of Art; at Fox, she is co-chair of the firm’s Partnership Advancement Committee, a member of the firm’s Diversity Committee, and a member of the Steering Committee of the firm’s Women’s Initiative, a former hiring partner of the firm, and a former chair of its Recruitment Committee
- Named a Super Lawyer or Rising Star by Philadelphia magazine and Law and Politics magazine for many years; also recognized as a 2010 Lawyer on the Fast Track by The Legal Intelligencer
- J.D. degree, University of Pennsylvania Law School; B.A. degree, Phi Beta Kappa, University of Delaware
- Can be contacted at 215-299-2839 or [email protected]
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