Accured time

[Meadow]

An employee is told she can not work while she is taking a prescription pain medication. She has not been deemed unable to preform any of her normal work duties by her attending physician, and has been doing these duties without any problems for the past several months since the initiation of this medication. The employee is being made to use her accured days (vacation, sick and personal) to cover this time. Does the employee have to use these days as she is willing and capable of working, or is the employer responsible to pay her since they are the one requesting she not work?

 

[Proserpina]

She was told by whom?

Does FMLA apply here?

 

[Meadow]

Her supervisor and higher ups.
FMLA does not apply because there is no reason for her to leave her position. She has not been late to work, has no problems that have caused write ups or disciplinary action because of this or any reason for her to be away from her job because she can not preform it properly.

 

[cbg]

Is the employee exempt or non-exempt? How long has it been since they told her she cannot work? How much longer does she anticipate taking the medication in question? Has her doctor specifically and in writing told the employer that she IS capable of performing all her duties, or is it simply that he has NOT said that she cannot? Regardless of whether you think there is a reason for her to be off or not, would FMLA OTHERWISE apply?

Regardless of the answers to the above, the answer to your question is yes, the employer legally MAY require that she use paid leave time and are NOT legally obligated to pay her for the time she is off. However, the answer to the questions above MAY provide some additional recourse for the employee.