Town Cannot Require a Union Employee to fill out a Family and Medical Leave Act Certification if the Employee Expressly Declines FMLA Leave

Mark Law Firm, Employment Law Attorneys - New Brunswick, Middlesex County, New Jersey

A New Jersey Appellate Court recently held that the Township of Parsippany-Troy Hills was not allowed to require a union employee to submit a Family and Medical Leave Act medical certification when that employee expressly declined to use FMLA leave. The employee wanted to use paid sick leave to take off work for several weeks to care for a sick relative. The Township threatened to suspend the employee if he did not request unpaid FMLA leave. In response, the union filed an unfair practice charge against the Township with the New Jersey Public Relations Employee Commission (PERC). PERC determined that the Township could not require an employee to submit the FMLA certification if that employee expressly refused to use FMLA leave. The Township appealed from PERC's decision, and the appellate court affirmed PERC's holding.

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