Can my company force me choose FMLA or resign?

Asked on August 13, 2015 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your employer does *not* need to provide you leave or time off for medical issues (or the birth of a new child, or to care for an immediate family member), except as required by law--FMLA. Therefore, if need time away from work (and cannot cover it with earned PTO, such sick leave, vacation, etc.), your employer could terminate you (or you give the option of resigning) unless you use FMLA leave; again, they don't have to let you miss work unless it's per FMLA.

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