Can an employer force an employee to take FMLA?

Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway. Legal?

Thanks.

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Posted by toosleaux

Stuck in Baton Rouge traffic

Member since Dec 2007

9242 posts

Posted on 9/28/15 at 1:02 pm to TheBob

It's job protected leave, why wouldn't the person want to take it?

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Posted by madmaxvol

Infinity + 1 Posts

Member since Oct 2011

19227 posts

Posted on 9/28/15 at 1:03 pm to TheBob

quote:
Long story short. Involves pregnancy, cleared by doctors to continue working, employer places employee on FMLA anyway.

More information needed...make short story, longer. What is the job? How familiar are the doctors with the job tasks and the work environment. If the employer believed that the employee and/or fetus are at risk by working, then they are within their rights to prevent the employee from working until after the baby is born.

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Posted by Pax Regis

Alabama

Member since Sep 2007

12965 posts

Posted on 9/28/15 at 1:43 pm to TheBob

Possible pregnancy discrimination. Title VII of the Civil Rights Act covers that. Call a lawyer if you're serious.

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Posted by Perrydawg

Middle Ga Area

Member since Jan 2014

4772 posts

Posted on 9/28/15 at 1:46 pm to TheBob

Were there any restrictions placed on the employee returning to work, and could those restrictions prevent her from doing her job. Also, could be that the company does not want a worker's compensation claim in the event that there is an injury related to the pregnancy.

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