Legal Question in Medical Leave in Virginia

Fmla

I have worked for my company for 4 years. In those 4 years I have been out of work a few times due to illness. 2 or 3 times a year for asthma. Each time the site nurse says its FMLA leave. Even though my dr. gave me return to work, the site dr. extended my time off. Once I was able to return the HR pulled me in the office and said I would not be able to return until I took a Fitness for Duty. They sent me for a psych exam although I was out for asthma. They are paying for the test and my wages but I want to go back to work. I have no writes up or disciplinary action. Additionally I found out that they tested my work area and found mold and initiated a clean up. I never said work caused my illness. I have asthma. I never call in sick I have always been put out by medical dr. I fear they are trying to get rid of me.


Asked on 10/12/07, 9:29 am

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

Re: Fmla

Under FMLA rules, a company is required to return a non-managerial employee to his or her position(or one similar with similar pay and benefits) upon the employee's completion of his or her previously approved FMLA leave. Failure of the company to do so could constitute a violation of FMLA rules and possibly make them liable to the employee for damages.

Read more
Answered on 10/12/07, 10:20 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Virginia