Legal Question in Medical Leave in Virginia

FMLA and disparity of treatment

I have a question: I teach at a public high school in Virginia. I was questioned about my FMLA in a harassing manner. I even had to file a grievance against the school. I suffered great emotional stess and even depression as a result of this mistreatment. I also found out my colleague, who did NOT have FMLA, missed over 20 days of work this school year and was NEVER questioned or asked about her mssing work. I only missed 9 days and those were covered under FMLA. This is disparity of treatment.

Should I talk to the DOL in my state regarding this? I even resigned from my position for the 08-09 school year since I was treated so unfairly.


Asked on 6/22/08, 10:33 am

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

Re: FMLA and disparity of treatment

Without more factual background information relating to the alleged harassing manner in which you claim you were treated for supposedly taking FMLA leave, it would be difficult to say for sure, but based upon what you have described, I would doubt that you have enough for a viable retaliation claim.

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Answered on 6/22/08, 4:53 pm


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