Legal Question in Medical Leave in Virginia

Is this a case of discrimination?

I'm a teacher. 3 yrs ago my son was dx with cancer. I was denied specific requests for flexible scheduling to accomodate my son's medical needs and even have in writing where the denial was because of my ''excessive absences''.

I've now requested intermittent FMLA (a few hrs a week in the morning). They have only to give me planning periods 1st & 2nd period to accomodate my request. Today, my principal was told by the dir of peronnel not to sign off on it unless they didn't need me to teach during that time. To my knowledge, as long as it's less than 20%, they have to give it to me. And they could do it easily.

But I'm getting the sense they are going to try and deny me this. And I feel they've already discriminated against me over the past three years with similar requests.

Asked on 5/01/02, 11:57 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Is this a case of discrimination?

Your employer may require, subject to certain conditions, that you use your accrued paid leave

(such as sick or vacation leave to cover some or all of the intermittent FMLA leave.

However, if this is not feasible, or you've already used up your accrued leave and they are still not allowing you regular intermittent FMLA

leave, then it's time for you to see a lawyer

who understands the FMLA.

Answered on 5/01/02, 5:30 pm

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