Legal Question in Medical Leave in Virginia

maternity leave forms

Hi, I work for Northrop Grumman N.Nn shipyard and I applied for FMLA about three weeks ago. So far the forms have been sent back to me twice because ''I didn't provide enough detail,'' or ''I used the wrong wording''. The forms haven't even went to the approval committee yet, just someone's secretary. I have a prenatal exam this week and my supervisor told me that the missed time from work would go on my record, which could get me written up, or prevent a future promotion that I am being considered for, because the leave has not been approved. Is there a time limit that they have to abide by, or some limit to how many t's you have to cross and i's you have to dot before they have to approve it?


Asked on 5/31/04, 7:49 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: maternity leave forms

There, apparently, in so specific time limit in the FMLA statute in which an employer is required to respond to the employee's request for FMLA leave. Therefore, one could conclude that it must

be within a reasonable time(certainly, no more than the 30 days advance notice required of employees where such notice is feasible.) The leave when approved should apply from the date it was first requested.

If the employer is making things unreasonably difficult for the employee to obtain the FMLA

leave, they could find themselves charged under the Act as follows: "It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA."

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Answered on 6/01/04, 10:10 am


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