Legal Question in Medical Leave in Virginia

Maternity Leave/Family Leave

I have worked for my employer, a

retail store with 5 employees, for 7

years. I am currently pregnant and

plan to take unpaid maternity leave

for up to 12 weeks. I have multiple

sclerosis and am unsure how the

birth/delivery of my baby will affect

my health -- I could have MS

complications, which is why I plan to

take the full 12 weeks for recovery.

My boss has told me that he expects

me to take no more than 8 weeks

and that I might be fired if I take the

additional 4 weeks. In this

circumstance do I have any rights at

all here that protect my job, and my

current salary/benefits, if I need to

take more than 8 weeks leave?


Asked on 11/23/07, 3:05 am

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

Re: Maternity Leave/Family Leave

Unfortunately, since your employer apparently has fewer than the 50 employees required for coverage under FMLA, your employer would not be obligated to allow you to take even the eight weeks and probably can dismiss you with impunity if he decides to do so for almost any reason (or no reason) that doesn't violate federal anti-discrimination laws (which could also include your taking more leave than what he has agreed to give you for your pregnancy and anticpated child birth).

Read more
Answered on 11/23/07, 8:27 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Virginia