Legal Question in Medical Leave in Virginia

Family Medical Leave Act

I will have a transplant operation in about two months. I have lots of accumulated sick time and vacation time that I would like to use until then. My employer wants to trigger the FMLA leave now, but I am afraid that that will not leave me enough time for convalescence after the operation before I can return to work. Can I object to starting my FMLA leave now?

Thanks


Asked on 3/26/09, 1:43 pm

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

Re: Family Medical Leave Act

Under the Act, an employer can require that the eligible employee first use any accumulated sick and vacation time before resorting to unpaid FMLA leave. I am not aware, however, of anything in the Act that would allow for the opposite to occur in a situation as described in your question, and if you want to use your accumulated personal leave first for this obviously serious surgery, you should be able to do so(in my opinion).

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Answered on 3/26/09, 10:49 pm


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