Legal Question in Medical Leave in Virginia

family medical leave

Can your employer take away your family medical leave by adjusting your time. My company goes by a rolling period. I first took family medical leave in june 2006 and they said I used all my leave; however, my time started over in june 2007. My company gave me 205.50 hours as a benefit and told me that is all I had. If it is a rolling period, I earned my 480 hours back in June 2007. I missed 5 days after june 7 and this should have been accounted to reflect 440 hours remaining; however, they said that this wasn't true. did they violate my rights. Also, by them in the beginning telling me I had no family medical leave, I went against doctor's orders and went to work while heavy medicated on perkaset, soma, flexrall, things of that nature.


Asked on 10/19/07, 7:15 pm

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

Re: family medical leave

Here's the rule (irrespective of rolling policies): an employee must have accumulated 1250 hours of work time with his or her employer in the preceding 12 month period in order to be eligible for the 12 weeks of unpaid FMLA leave. Until that has occurred, the employee is not eligible for FMLA leave.

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Answered on 10/19/07, 9:52 pm


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