Legal Question in Medical Leave in Virginia

Under the FMLA, can I be forced to take a week off without pay if I have leave to use and choose to use it? The forced leave is not a disciplinary matter.


Asked on 1/08/10, 11:49 am

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

All leave taken under FMLA is without pay. (An employer, however, is entitled under the Act to require that an employee first use any accumulated personal leave such as vacation or sick leave before resorting to unpaid FMLA leave.)

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Answered on 1/13/10, 1:11 pm


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