Legal Question in Medical Leave in Virginia

FMLA job evals

I was approved for FMLA and my employer asked me ''why don't you want to come to work?'' I find this harrassing behavior. She also asked me to arrange dr. appts. and absences on certain days. This seems to conflict with my FMLA. My absenteeism was also noted in my personnel file as an area that ''needs improvement''. I didn't think it was legal to do any of those practices. What is the law?


Asked on 11/16/07, 6:44 pm

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

Re: FMLA job evals

Taking approved FMLA leave does not qualify as "absenteeism". If you've been provably sanctioned by your employer for taking approved FMLA leave and as a consequence have suffered damages, your employer could be liable.

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Answered on 11/22/07, 7:07 pm


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