Legal Question in Medical Leave in Virginia

Employee rights under FMLA

When pertaining to FMLA used intermittently for pregnancy, can my employer require me to request days off in advance and only on in hourly increments?


Asked on 4/06/04, 11:32 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Employee rights under FMLA

"When the need is foreseeable and such notice is practicable", the employer may require reasonable advance notice of the intended leave.

Where intermittent leave is needed,"the employee

must try to schedule treatment so as not to unduly disrupt the employer's operation."

There is no reference in the federal statute which specifically enables the employer to require that the employee take such intermittent leave in specific hourly increments.

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Answered on 4/07/04, 1:04 am


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