Legal Question in Medical Leave in Virginia

My husband's doctor filled out FMLA for him to be on intermittent leave on May 12. My husband then missed work due to his medical problem on June 3. We had not received anything about his request for FMLA so I called human resources who had "forgotten" about his FMLA. The next day they called my husband and told him he was being given Fulltime FMLA leave and that he can not return to work until his doctor can provide unrestricted release to work. I called my husband's doc. who said he doesn't need full time leave that if he did then he would have advised that, but he does want him to have the intermittent leave to protect him while he is getting his medical problem under control. Can my husband's work place force him to take full time FMLA leave? They have other employees on Intermittent fmla that are on restricted duties. My husband's doctor didn't even restrict his duties when he filled out the fmla. He only said that my husband would have periods of needing to leave work or be absent because of his medical problem. What recourse do we have? We cannot afford for him for be off work for 12 weeks and once his fmla is used up and he has to go back there will be nothing to protect him from being fired due to absences for his condition. Please Help us.

Asked on 6/17/10, 5:13 am

Michael Hendrickson Law Office Michael E. Hendrickson

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SEC. 102. LEAVE REQUIREMENT (b) LEAVE TAKEN INTERMITTENTLY OR ON A REDUCED LEAVE SCHEDULE.

Subject to paragraph, subsection (e)(2), and section 103(b)(5), leave under

subparagraph(C) or (D) of subsection (a)(1) may be taken intermittently

or on a reduced leave schedule when medically necessary.

THE FAMILY and MEDICAL LEAVE ACT of 1993

Answered on 6/17/10, 9:24 am

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