Legal Question in Medical Leave in Virginia

I live in VA and my mother is very ill my employer has only about 25 employees and i would like to take off a week to take care of my mother, i am paid salary can my employer fire me for taking off?


Asked on 9/10/10, 6:34 am

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

If your employer has only 25 employees, s/he or it would not be covered by the

Family & Medical Leave Act(FMLA) since 50 is the minimum number required

under the Act.

And, therefore, unless you are covered by a contract of employment or other

collective bargaining type of agreement which would provide you with the

right to take leave under the circumstances described, I regret to report that your

employer could likely fire you with impunity, i.e., no consequences for the employer(if you were to take leave without permission).

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Answered on 9/15/10, 7:12 am


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