Legal Question in Medical Leave in Virginia

paid leave vs family medical leave

i was involved in a car accident 3 weeks ago. at that time i had eight weeks of sick and vacation leave. i am asking how does the family medical leave works. can i use all of my eight weeks and then use the 12 weeks of family unpaid leave or does the eight weeks counts towards the 12 weeks? theres a possibility that i may need surgery on my arm, i broke my scapula. looking forward to your response. thank you.


Asked on 12/22/02, 12:05 pm

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

Re: paid leave vs family medical leave

Under the FMLA, your employer has the right to

require that you first use your accumulated sick and vacation leave as part of the 12 weeks of leave. When these are exhausted, then the balance of the 12 weeks of FMLA leave would kick in as unpaid leave.

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Answered on 1/03/03, 3:12 pm


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