Legal Question in Medical Leave in Virginia
family medical leave
State of Virginia HRO requiring fmla certification for employee who earns sick time and did not request fmla. Doctor's note dated 8-4-08''return to work 8/11/08 due to ankle injury''. No treatment, just rest ankle. Is fmla mandatory when not requested?
Asked on 8/14/08, 7:11 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: family medical leave
No, a request for leave by an eligible employee under the Family & Medical Leave Act(FMLA) is initiated by the employee and cannot be imposed unilaterally by the employer on the employee.
There are no provisions in this Act of which I am aware that permit the employer to mandate such leave under this Act.
Answered on 8/14/08, 7:25 pm
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