Question: If an employee suffers an illness and the doctor writes
a medical certification that the employee is sick, who pays for this sick
leave?
Answer: Generally, federal labor laws do not require employers to
provide sick leave or pay sick time off. However, if employers do provide sick
leave, the Family and Medical Leave Act (FMLA)
permits an eligible employee to substitute paid leave for the unpaid leave to
the extent the employer's usual requirements for the use of sick/medical leave
are met and the sick leave qualifies as FMLA leave. Employers are also
permitted to designate paid leave as FMLA leave assuming all the conditions are
met.
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