Legal Question in Medical Leave in Virginia

Re: Serious Medical Conditions: Back Problems

Your situation would appear to be covered under the FMLA definition of "Serious Health Condition"' meaning an illness,injury, impairment, or physical or mental condition that

involves:

Continuing tratment by a health care provider which includes any period of incapacity(i.e.,inability to work, attend school, or perform other regular daily activities due to:

(1) A health condition(including tratment therefor or recovery therefrom) lasting more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:

treatment two or more times by or under

the supervision of a health care provider,or

one treatment by a health care provider with

a continuing regimen of treatment.

BOTTOM LINE CONCLUSION from above legalese:

If you were out of work due to your original injury more than three consecutive days, your

employer should have allowed you to take FMLA leave intermittently for medical treatment by reducing your normal daily or weekly work schedule

by the amount of time necessary for you to receive

your required medical treatments.