Legal Question in Medical Leave in Virginia

question about discrimination related to FMLA

I teach high school in Virginia; it is a public school. I was given a PIP (personal improvement plan) for attendance. I was covered under the FMLA for those days I missed. I know this is a violation of FMLA but my question is: If another teacher in the same school took all of their sick days and did not have FMLA and had over 20 days absent and did NOT receive any PIP for attendance (but I did and was covered under FMLA); Isn't that discrimination??


Asked on 5/14/08, 11:47 am

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

Re: question about discrimination related to FMLA

No, not necessarily, as you may have been "PIPed" for reasons not having to do strictly with attendance, but rather with issues related to attendance such as your failure to report in as may have been required during your leave, or to submit a report from your physician, and/or who knows what else.

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Answered on 5/14/08, 3:24 pm


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