Legal Question in Medical Leave in Virginia

FMLA Qualified?

I had major surgery on 1/19/09. I have been with this employer for 3 years. I am hourly so am not being paid while recouperating. They are now asking when I'll be returning, and notifying me that I have to work 30 hours upon return to keep my insurance active. Questions: 1)Our company is owned by a group that owns multiple companies, all in VA. Together, there are well over 50 employees. Individually, my workplace has 'close' to the 50 employees required to meet the FMLA guidelines. Would the law look at all of the companies that they own when determining # of employees? 2) If protected by the FMLA, do I have to return at 30 hours per week as employer is indicating? My Dr. thought 4 hours, 2-3 days per week was how I'd start back to work. 3) This is my first time out on leave. Employer was fully notified of the pending surgery, notes from Dr, etc. I did not submit a FMLA form (employer has no HR department, so I'm figuring this out on my own) Is it a problem that I did not fill out a FMLA form prior to surgery? Thank you!


Asked on 2/07/09, 6:18 pm

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

Re: FMLA Qualified?

Under SEC. 102(e)2(B) of the FMLA, an employee taking foreseeable leave based upon planned medical treatment is expected to provide the employer "with not less than 30 days' notice before the date the leave is to begin ... except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable."

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Answered on 2/07/09, 8:23 pm


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