Legal Question in Medical Leave in Virginia

Re: Getting points against me for missing time .

The regulations to the Family Medical Leave Act provide, at Section 825.220(c), in part, that "...employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted uner 'no fault' attendance policies."

Accordingly, an employer is barred, under the Act, from penalizing an employee for taking leave provided under FMLA. Note that the time missed from work must have been for a reason for which FMLA leave is available, and the employee must have complied with the requirements for taking leave for a medical reason under the Act.

An employee who believes that an employer has violated the Act may, within two years from the date of the violation, file a lawsuit or file a Complaint with the Secretary of Labor (U.S. Department of Labor - Wage and Hour Division).

This response is not intended to be legal advice and should not be relied upon as legal advice. You should contact an attorney to discuss the particular facts concerning your rights and obligations. No attorney/client relationship is created as a result of this response to the inquiry.

Stephen Scapelliti

Couzens, Lansky, Fealk, Ellis, Roeder & Lazar, P.C.

39395 W. Twelve Mile Road, Suite 200

Re: Getting points against me for missing time .

While I cannot reply in detail without more infromation, consider the following. under FMLA you must have a serious medical condition as that is defined (usually two or more out patient visits, in patient care, or a continuning regimine of treatment). If you fit the definition and you are employed in a company with fifty or more employees and have been so for a year and at least 1250 hours prior to the serious condition , then you qualify for FMLA rights. Read what the company has posted regarding FMLA. Under the FMLA while your employer may assess points under its own internal rules, you may not be disciplined for using the FMLA. POINT OF IMPORTANCE you should confirm your condition with human resources etc. and be certain to include any information to record the company knew or should have known (such as a conversation with a supervisor, etc.) You are not required to ask for FMLA leave or to designate the time off as such, that is the companys duty. TREAD LIGHTLY in so doing so as not to unnecessarily jeopardize your position, but do do it in writing. The local US Dept of Labor is who to contact for details and help.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335

Re: Getting points against me for missing time .

First, you must determine if you qualify as an elgible employee for protection under the FMLA. You must have been employed by the employer for at least 12 months, worked at least 1,250 hours during the 12 month period immediately preceding the commencement of leave, and be employed at a worksite where 50 or more employees are employed by the employer within 75 miles of the worksite.

You mention that you missed work for medical reasons. This is not enough. Your medical reasons must constitute a "serious health condition". Determing what constitutes a serious health condition is not always easy or clear cut. Generally, it means an illness, injury, impairment, or pshysical or mental conition that involves either: inpatient care or continuing treatment by a health care provider. The continuing treatment examples and definitions are too long to set forth in this space. It does not include routine physical exams, eye exams or dental exams. Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomachs, minor ulcers, headaches other than migraine, routine dental problems are examples of conditions that do not meet the definition of serious health conditions. This is a very complicated area that requires analysis by someone who is trained in this area. If you have any doubts you should consult an attorney in your area. The agency to which you can report violations of the FMLA is the Wage and Hour Division of the U.S. Dept. of Labor. There should be a local office in your area that you can contact.

Danny Wash

Wash & Thomas

6613 Sanger Ave.