A federal employee is responsible for requesting leave or other time off fr om work; therefore, the employee is responsible for invoking his/her entitlement to FMLA leave. Under 5 CFR 630.1203(h), an agency may not subtract leave from the 12-week FMLA leave entitlement unless the agency has obtained confirmation from the employee of his or her intent to invoke entitlement to FMLA leave (e.g., giving notice). However, an employee may be required to invoke FMLA to secure leave approving official’s approval of LWOP, advanced annual leave, advanced sick leave, or hours from Voluntary Leave Transfer Program and/or Leave Bank Program – all leave categories/programs that are not employee entitlements.
Can a leave approving official/supervisor mandate an employee to take FMLA leave?
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