Legal Question in Medical Leave in Virginia

If I was in an auto accident and the Docter tells me I may be off 3-6 months. I have accured 3 months of annual and sick leave on my job. can the force me to begin my FMLA leave before I use the sick and annual owed me. They want me to begin my FMLA as of my first day of worked missed. this means I wont have the twelve weeks without pay if i do need it. This is VA, IS THIS LEGAL?


Asked on 11/04/10, 12:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Section 102(d)(2)(A) of the FMLA allows either the employee to elect or the employer to require that "any of the accrued paid vacation leave, personal leave, or family leave of the employee be substituted for "any part of the 12 week period " of FMLA leave.

The answer, therefore, to your first question would apparently be no, they cannot (if you choose to use your accumulated personal leave in place of part of the FMLA leave).

You are apparently not allowed under the Act, however, to use your accrued personal leave and then expect to still be able to take the full 12 weeks of unpaid FMLA leave within the same 12 month period.

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Answered on 11/09/10, 9:36 pm


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