Legal Question in Medical Leave in Virginia

My husband's doctor filled FMLA papers 6 weeks ago for intermintent leave. His workplace has not told him yet if they approved or denied. My husband had an "attack" at work on Friday and had to leave early and then could not go in on Saturday. He went to his doc. Monday morning and got a paper stating he left and was absent due to the ongoing illness for FMLA. They have given him points for leaving and missing a day as well as reducing his pay by .50. Is this legal? Isn't there a time frame to inform him of their decision on his FMLA?

Sincerely, Lisa in Va.


Asked on 6/11/10, 11:00 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Six weeks is more than enough time for your husband to receive a decision from his employer on his request for FMLA leave. He should send a letter to his employer contesting the penalties that apparently were assessed against him for his absence from work and and requesting that this period be treated as FMLA leave.

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Answered on 6/13/10, 7:30 am


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