Legal Question in Medical Leave in Virginia

Fmla

I had surgey on 3/07 returned to work 5/07. had several complications and was unable to perform my original job duties. I had another surgery on 7/07 to correct the nerve damage sustained and since then have had to seek continued health care due to stitches comming out of my body. On 9/26/07 i was called into the office and suspended because my Human Resource Rep. stated that my leave was not medically necessary and i could have worked the day of my surgery and everyday afterward. I am a sheet metal fabricator and must lift 50lbs constantly. All my FMLA paperwork is in order and because i cannot perform all the duties and lift as much as i used to i feel this is their way of punishing me. What can I do about this


Asked on 9/27/07, 2:12 pm

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

Re: Fmla

Under FMLA rules, an eligible employee is entitled to 12 weeks of unpaid leave in any given year for necessary medical care/treatment which is attested to by a properly credentialed physician who has examined the employee and determined that such leave is necessary for the afore-described purpose.

If you're eligible for this particular

kind of leave, then your situation should be no different than what has been described above and if your employer is now disallowing it, they may be in violation of the FMLA rules and, consequently, may have incurred liability.

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Answered on 9/27/07, 4:35 pm


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