Legal Question in Medical Leave in Virginia

Possible Case?

My husband has worked for a company for 3 yrs. He went to a surgeon because he had a painful growth on the bottom of his foot. The growth had to be surgically removed and biopsied. His supervisor approved the leave. The day of the surgery the Dr. gave him a note for work that said he's off ''until further notice''. My husband immediately called his supervisor and faxed him the note. 3 days later, another employee came here to bring him his paycheck. The other emp. said ''(the supervisor) is angry at you because you're not able to return to work yet and said ''I will ''take care'' of *** when he returns''. *** went to his work to talk with his supervisor about it. The supervisor terminated him. ''Supervisor'' never asked for any ''release'' document. *** went to his follow up w/ surgeon and told him about being fired over the surgery. The surgeon said ''Get an attorney IMMEDIATELY. Tell them that I will do ANYTHING to help their case'' *** has NEVER had any reprimandations. *** has met all requirements of the FMLA, and the company has met none. Because *** is still on leave by surgeon, he can't get a new job. Any input as to if we have a case? Also, with VA being an ''at will'' state.. does FMLA still apply here?


Asked on 12/06/02, 3:52 am

1 Answer from Attorneys
Patrick Stiehm Stiehm Law Office

Re: Possible Case?

There are certain events that trigger entitlement to FMLA, i.e., birth of a child, placement of a child in the household for adoption, the need to provide care to a child, parent, son or daughter, the employee's own condition prevents the employee from performing the functions of his or her job. Generally speaking another requirement is that he employer have 50 employees for each working day in 20 or more calendar work weeks this year or last year. This is a Federal Law and is applicaable in Virginia as in any other state.

Your Doctor is correct you need the assistance of an attorney.

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Answered on 12/06/02, 10:45 am


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