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Can an Employee Opt Out of Taking FMLA (Family Medical Leave Act Of 1993)?

Answers to the most common questions surrounding FMLA.

The Department of Labor states that an employee cannot opt out of taking FMLA if they have a need for a leave that falls under an FMLA qualifying reason.

That leave must count towards his or her FMLA allotment, even if the employee requests otherwise.

If an employee is asking to opt out of completing the FMLA paperwork, the employer does have the right to deny the employee's request for this FMLA leave if they refuse to complete the certification.

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