Legal Question in Medical Leave in Virginia

Days Off Counted As Leave Time

I requested family medical leave to take care of my father who needed open heart surgery. He was advised that he needed someone to go home with him for atleast 2 weeks. The doctor wrote in the letter dated 12/14/06 approximately 14 days. I currently work for Transportation Security Administation the management staff started counting the 14 days effective 12/14/06 the date of the letter and included my days off which are Sunday and Monday which resulted in my returning to work 12/28/06. My question is what they have done is it legal.

Signed

Very concerned About my Father


Asked on 12/27/06, 8:38 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Days Off Counted As Leave Time

Why didn't you request 30 days of FMLA leave and have the doctor make his recommendation flexible enough in his letter to have included that amount of time?

And if it is now apparent that you need still more time with your father, you have the option of submitting another request for additional FMLA leave to the TSA (assuming that you haven't already exhausted your 12 weeks yearly allotment).

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Answered on 12/28/06, 2:05 am


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