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Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
FMLA InsightsLink to more items from this source
Sept. 28, 2015
"[A recent federal district court] decision ... gives us good insight into what we need to include in our leave request forms to insulate us from an FMLA interference claim: [1] As a general rule, employers should use a general leave of absence request form, allowing employees to specify any of the reasons for their need for leave. [2] If you ask an employee to affirmatively indicate whether they are requesting FMLA leave -- by checking a box or specifically stating so -- it is imperative that you provide enough information about what the FMLA is." [Amstutz v. Liberty Ctr. Bd. of Ed., No. 13CV2385 (N.D. Ohio Sept. 9, 2015)]

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