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Can you offer employees an option to work on FMLA leave? Court says …

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If an employee is still able to work but requests FMLA leave (say, to care for a spouse), is it interference to offer them the option to continue working while taking leave?

That question was at the center of a recent FMLA lawsuit.

The answer, according to a federal appeals court, is “no.”

And employers everywhere will want to take note of why the court ruled that way.

Employee had two choices

The court tackled this issue after Vacations To Go sales rep Karen D’Onofrio sued the employer, claiming it interfered with her FMLA leave by asking her

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