Can an employer require an employee to use accrued vacation or sick days during FMLA leave?
In Wisconsin, employers may require an employee to use accrued vacation or sick days during their FMLA leave. The employee will have to notify the employer of their intention to use available leave time at least 30 days before they intend to take leave. This is only necessary if the employer was not already aware that the employee was taking FMLA leave. An employee on FMLA leave may also be responsible for providing health benefits to the employer in addition to using available vacation or sick days. Employers must follow certain rules when it comes to FMLA leave. Employers must make sure to give the employee reasonable advance notice and let the employee know if they will be required to take leave. The employer cannot force the employee to use vacation or sick time, as it may be against the FMLA, however it may be a requirement of their leave. Employers are not allowed to take any form of retaliatory action against an employee for taking FMLA leave, including forcing them to use available vacation or sick days. Employers must also be aware that they may be liable for any financial losses sustained by the employee that are due to the employer’s action or inaction while the employee is on FMLA leave. In summary, employers in Wisconsin may require employees to use accrued vacation or sick days while on FMLA leave, but they must follow certain rules to do so. Furthermore, employers may not take retaliatory action against an employee for taking FMLA leave.
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