Legal Question in Medical Leave in Virginia
human resources
am i covered by FMLA during 12 week period even though I agreed to say I would be out until the end of the year? (more than 12 weeks) I recovered in 5th week , but my job was given by contract to someone else
1 Answer from Attorneys
Re: human resources
Your company would not be obligated under FMLA to
return you to the same or similar position with same or similar pay and benefits beyond the 12 weeks. However, whether you may have forfeited your right to FMLA coverage by committing yourself to a return beyond the 12 weeks of unpaid leave allowed for under the Act is unclear, but, nonetheless, your position should undoutedly be that you have not since you are now ready to reassume employment with this company apparently after having taken only five weeks of FMLA covered leave.
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