Legal Question in Medical Leave in Virginia

fmla due to my own illness

Due to my own illness, I was granted an FMLA from work (employer is a government agency) but was unable to return to work after 12 weeks as I was still sick. They denied my request for medical leave and terminated my employment. Can they do that?


Asked on 7/20/07, 12:50 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: fmla due to my own illness

The FMLA is a job protection statute. This means that during the period of time to which the FMLA applies, your job is protected. Once you have exhausted this protection time, your job is no longer protected by the FMLA.

However, this does not mean that your job is completely unprotected. You may have rights under the civil service laws or other job protection laws, including state laws. To learn more about those laws and their protections, you should consult with an attorney to review your situation.

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Answered on 7/21/07, 10:21 am


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