Legal Question in Medical Leave in Virginia
Fmla
The company I work for holds ANY unscheduled sick time you use against you, unless it falls under FMLA. Even a Dr. note that you were ill or being in the hospital emergency room doesn't appease them.
Is it an FMLA requirement that each and every illness (minor or major)be covered or is this a company procedure?
We have sick leave, but many are afraid to use it and come to work with fevers, making others that are near them sick.
Something does not seem right.
1 Answer from Attorneys
Re: Fmla
FMLA is not the same as regular company sick leave but unpaid leave up to 12 weeks per year which is available to employees under particular circumstances/conditions if their employer happens to be covered by this particular federal legislation.
Virginia employers are under no obligation to provide employees with paid or otherwise compensated sick leave, and employees working without the protection of an employment contract or collective bargaining type of agreement can be terminated with impunity and without recourse if the employer happens to think that an employee is taking excessive sick leave (not specifically preapproved as FMLA leave).
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