Legal Question in Medical Leave in Virginia

FMLA re:bed rest

I worked through Feb. 8th 2008, started bed rest on Feb 11th 2008, 5 weeks prior to my due date of 3-15.

Baby was taken early 3-6 via normal delivery. What specifically does FMLA cover with respect to bed rest, due date etc. Just received a call from hr demanding return date of May 19th. 12 weeks from birth would be 5-30. HR said FMLA runs concurrent with ST Disabilty at bed rest date. Do I have less time to breast feed my child due to the bed rest?


Asked on 5/12/08, 6:55 pm

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

Re: FMLA re:bed rest

Under FMLA you can take up to 12 weeks of unpaid leave in connection with the birth and aftercare of a child, a time period which would be measured from the first day that FMLA leave officially commences which in your case would appear to be February 11th and ending on May 19th, if that's the

last day of the 12 week FMLA leave period.

Whether or not the FMLA leave period happens to run concurrently with Short Term Disability would appear to be irrelevant.

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Answered on 5/12/08, 8:08 pm


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