Legal Question in Medical Leave in Virginia

fmla

I turned in my family medical leave medical cert form in 2006 to HR. My employers said they were doing away with june and starting in Jananuary and I told them that they were wrong. I missed a total of 4 weeks and returned back to work with the return of duty medicial cert form in 2006 and my time should start from there. However, they disagreed. My employers just informed me October 27, 2007 that I was never approved for family medical leave and they didn't have copies. When I went to HR on July 9th to apply for family medical leave to speak with HR, I saw my forms in my personal folder and pulled them out to show the HR mananger the time I started, she saw the form so that she could account for my time. An email to my time taken was sent to me on July 11th 2007 that made reference stating her record of my first family medical leave was in 2006. Can an employer get away with this? To prove them wrong, I had my doctors fax the medical cert form over to them because they said I was never approved.


Asked on 10/28/07, 12:11 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: fmla

Well, did that prove them wrong--or not, (from their perspective rather than yours)?

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Answered on 10/28/07, 4:02 pm


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