Legal Question in Medical Leave in Virginia
Calculating FMLA hours
A coworker of mine has been out intermittently since July, and is fast approaching the 12 week mark. There were times when she worked 1/2 days or even a couple of hours a day. Can the remaining hours of those days be counted against her for the twelve weeks even though they were not 3 consecutive days? and does all the FMLA time need to be for the same reason? First she had back problems (which isn't better yet) and now she's had other health issues. She doesn't want to be terminated, but from my understanding, when the 12 weeks are up her job does not legally need to be held open. If she is terminated, the company will most likely break the 40hr position into two part-time positions. If her doctor released her for part-time work, is the company obligated to offer her one of the part-time positions?
1 Answer from Attorneys
Re: Calculating FMLA hours
The 12 weeks of FMLA leave is for approved medical reasons certified by a physician, whatever those reasons may be. Intermittent leave is cumulative and is suppose to be counted as it is taken. Whether any of the leave adds up to three consecutive days in the 12 week scheme of things is of no consequence.
The company which has approved the leave is required to reinstate the employee to the same or similar position at the end of the 12 weeks.
If she can only work part time, it would be up to the employer to decide whether they could accommodate the employee to this type of schedule.
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