Legal Question in Medical Leave in Virginia
lOST OF JOB
mY WIFE HAD BACK SURGERY AND HAS BEEN USING HER SICK LEAVE AND HAS BROUGHT IN TO THE SICK BANK. sHE IS A SITE DIRECTOR FOR aLBEMARLE COUNTY SCHOOLS. 5.5 HOURS A DAY. sHE IS ALSO A tA FOR p.e. CLASS 3 HOURS AWEEK. hER DOCTORS HAVE SCHUEDULED MORE SURGERY AND WILL MIDSS THE REST OF THE SCHOOL YEAR. sHE PLANS ON RETURNING IN THE FALL, Her director says no problem, put they have a stormy work enviroment.
HR says she can be fired , something about the qualifications of the FMLA act in hours worked. 1250
If her contract in for 200 days at 5.5 that equals 1100 hours plus 3 hours a week @ 35 weeks of school=105 hours for total of 1205.
Can we include extra hours that are put in and not paid for . She always is in school and hour early of unpaid time and always stays on average untill 6:30 put hours end at 6:00
Can she be FIRED?
1 Answer from Attorneys
Re: lOST OF JOB
The requirement of 1250 hours in the previous year for FMLA eligibility is very likely for hours for which compensation was actually paid to the employee and would not include any time that was donated by the employee during this period as time countable towards this 1250 hours.
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