Legal Question in Medical Leave in Virginia
Fmla
I took FMLA leave starting in July 25, 2007 for maternity leave and I took 12 weeks. Now my older son is being hospitalized for bipolar and i need to take some leave to help transition him home. My company is telling me I am not allowed to take FMLA until it has been 1 year since I last took it. I thought FMLA reset every calendar year and it was not started teh first day I took it, can you please let me know if I need to hire a lawyer? Thanks
1 Answer from Attorneys
Re: Fmla
An employee is entitled to take 12 weeks of unpaid FMLA leave after having been employed at least 1250 hours in the 12 month period immediately preceding the request by an employer who is covered by the FMLA law and if such employee meets the other eligibilty requirements.
The "FMLA Clock" for any particular employee does not automatically reset at midnight every time January 1 rolls around, which would make no sense at all, as under that interpretation you could have an employee take 12 weeks of FMLA leave beginning on Oct 1 and then reapply for another 12 weeks in the succeeding January.
Your employer's interpretation is the correct one.
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