Legal Question in Medical Leave in Virginia

We live in VA. I will be having a baby around the end of December/first of January. My husband's FMLA has been approved by his company. He has used all of his vacation time for the year (2010). If we have the baby say Dec 29, he would need to be out about 2-3 weeks, which would put him in a new calendar year. Does he have to use the vacation he gets for 2011 when the calendar changes, Even though he is already on FMLA leave?

Thanks


Asked on 9/28/10, 2:27 pm

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

No, he can take whatever FMLA leave is approved by the company for the period in question. The fact that a new calendar year may commence during this period is irrelevant to eligibilty requirements for the use of FMLA leave.

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Answered on 10/03/10, 4:48 pm


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