Legal Question in Medical Leave in Virginia
Forced Application of FMLA as a basis for termination
In the City of Danville, Va.,employees in the Fire department that are incur injury or illness off the job and are expected to be off for a significant amount of time are immediately placed on FMLA whether or not they have requested it, and regardless of whether they use their own leave. Employees are told that their 12 week period begins to toll immediately, and there have been cases where at the end of this period, the City has attempted to terminate employment, in one case succeeding. (the employee did not challenge).
This seems to be contrary to the intent of the law- which was to protect employment positions. Are these actions in accordance with the law, and what challenge can be raised? The FMLA is being used in Danville to threaten employees with termination.
1 Answer from Attorneys
Re: Forced Application of FMLA as a basis for termination
The clear intent of the FMLA is to provide a selected class of employees with a way to deal with illness or injury and other family difficulties or emergencies without losing their jobs. The law is designed to be triggered at the request of the employee and not the employer.
The FMLA was not intended as a means for employers to furlough or terminate employees who may be experiencing the difficulties described above.
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