Legal Question in Medical Leave in Virginia
FMLA and not renewing contract
The public school system hired my sons
paraprofessional. She utilized the FMLA
in January for her husband, who died
late February. She returned in April.
They are not going to renew her
contract due to absenteeism. Are they
violating FMLA?
1 Answer from Attorneys
Re: FMLA and not renewing contract
The school system is required to provide FMLA leave during the period of time while the employee's immediate family member is receiving care from the employee. However, after the ailing family member has passed away, the employee must return to work within a reasonable time thereafter. Although you don't indicate when in April the wife actually returned to work, it may be that that the school system believes that her leave was excessive under the circumstances and that she should've returned to work much sooner after her husband died in February than she actually did. And, therefore, they're likely acting within their rights in deciding not to renew the employee's contract.