Legal Question in Medical Leave in Virginia

Concerned Emplyee

I have submitted a request to use paid vacation leave for most of Dec and all of Jan as FMLA in order to help my mother care for my terminally ill father. At the end of Jan I have submitted my paperwork to retire from the company. My employer has granted the request, but has stated that they may need to call me back to work while I'm on leave. My parents live quiet a distance away, and communting back and forth will be a hardship. I don't think I should be required to go back to work while on FMLA. Do have have to honor their request?


Asked on 11/24/08, 8:50 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Concerned Emplyee

No, I am not aware of anything in the FMLA that would allow an employer who has approved FMLA leave for a particular employee to then require that employee to report back to work during the period for which the leave was approved.

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Answered on 11/24/08, 11:40 pm


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