Legal Question in Medical Leave in Virginia

Help with FMLA

I work for a company that I qualify for FMLA.

The company has 5000+ employees and i have been here for more then 3+ years full time.

My wife and I had a baby and I filled out an FMLA Form.

On the form the doctor put �Father (who I am) will need to care for a new born child�

I then submitted the FMLA paper work to my work and they approved it (two months ago). I was granted intermittent leave which allowed me a total number of hours that equals to 6 days a month for one year. My employer then approached me last Friday (2 months after I was approved) and told me that they made a mistake that they are going to have to change my approval status from approved to deny. Is this allowed?

My daughter does not have any health problems or issues. I just want to be there for her if and when she is sick. IE: fever.. And so forth.

Also, I want to be able to take her to the doctor if and when she needs to go without it counted against me.

Any ideas or help would be great. I have found a lot of stuff online such as fact sheet number 28. My main thing once approved can they take it away from me just because they made a mistake?

Please feel free to email me back at [email protected]


Asked on 6/02/08, 2:31 pm

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

Re: Help with FMLA

You must first ascertain why the company believes that your FMLA leave was approved in error.

Under Sec. 102 of the Act

(a)In GENERAL

(1) ENTITLEMENT TO LEAVE--Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12 month period for one or more of the following:

(A) Because of the birth of a son or

daughter of the employee and in order

to care for such son or daughter.

Read more
Answered on 6/02/08, 8:39 pm


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