Legal Question in Medical Leave in Virginia

FMLA Leave

After a long hospital stay, my primary care doctor gave me a note to return to work on July 9, 2008. I faxed this note to my employer on June 11, 2008. Today I spoke to HR at my company and they have replaced my position because I went a week past the 12. Since they had a note from my doctor back in June, were they obligated to tell me that my scheduled return date was too late?


Asked on 7/07/08, 11:19 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: FMLA Leave

No, probably not. Once you exceeded the permitted 12 weeks of unpaid leave without receiving your employer's permission to do so, you left yourself vulnerable to the result which apparently occurred, i.e., your summary termination.

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Answered on 7/07/08, 11:47 pm


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