Legal Question in Medical Leave in Virginia

Does medical leave act apply?

My wife has been an employee for this company for 12 years and the company has in excess of 1200 employees. She was transfered to Va 4 years ago the empoyee base here has not reached 50 employees and now we live 300 miles from the main office. We just found out that she will have twins in November. The doctors said that she will have to stop working after 20 weeks which will be in july because of her age and having twins. She can more then likley start working again in January. The company says that if she is out more the 3 months they can and will terminate her job and position. does this situation fall under the Family Leave Act?

thank you


Asked on 4/25/03, 7:34 am

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

Re: Does medical leave act apply?

Under the FMLA an employe is entitled to take 12

weeks of unpaid leave during a one year period, provided that the employee meets the qualifying criteria. The birth of a child is one of the approved uses for this type of leave.

If the employee who takes the full twelve weeks allowed under FMLA is then unable for medical reasons to return to his or her job, then the

appropriate medical certifications must be provided to the employer in order to obtain approval for an extension of time to return.

There may, also, be a separate pregnancy leave act

under federal law which may also apply to your wife's situation.

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Answered on 4/25/03, 9:58 am


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