Legal Question in Medical Leave in Virginia

Does FMLA apply or something else

I have a friend at work that has a medically ill wife in which he has to leave work after 8 hours instead of the required 10 hours. For the 1st 3 years he worked there no one has said anything about him leaving until recently and now they are making him work the extra two hours until further notice. He also works 2nd shift, and he has to be at home when his wife goes to bed so he can put her on the ventilator so it will help her breath while she sleeps. By making him work the extra 2 hours, she is unable to take her medicine like she used to and the medicine helps her sleep. And when she cannot sleep and use the ventilator at night it makes her sick and requires her to visit the hospital. Is there anything he can do legally or is he up the creek and have to watch his wife continually go to hospital creating $30,000 in doctors bills each time she goes.


Asked on 12/08/03, 6:56 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Does FMLA apply or something else

An employee who works for an employer covered by the Family and Medical Leave Act (FMLA) is entitled to up to 12 weeks of unpaid leave per year(which may be taken intermittently)in order to take care of either his own medical problems or to assist with caring for immediate family members with such problems.

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Answered on 12/08/03, 8:03 am


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