Legal Question in Medical Leave in Virginia

my rights under fmla

if i am given a schedule due to fmla condition and it is then changed without any notice, do i have the right to request this information in writing? i have been advised verbally that it is just that suddenly a 6 day work week is no longer offered. however when i request in writing to keep in file for future now that my fmla is being eaten up by the alternative provided, i am given the run around and asked why i want it. why would it be such an issue to have a letter stating what i've been told? now i have to use approximately 15 hrs per week, which means my leave will run out and i can be fired at that point. even if my condition is ongoing. i did not request the change. they are aware that i have a medical condition. i became ill while working there. do i have the right to ask for this or can i also be fired for requesting it since they stipulate they are an ''at will'' employer? i don't know if i have any way to protect myself and am very afraid at this point. i don't want to lose everything. 401k included.


Asked on 6/08/04, 9:27 pm

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

Re: my rights under fmla

The written notice you are seeking from the employer is simply not that important; you can accomplish what such notice would provide(the who, what and where of this schedule change)by making your own careful notes of what you were told, when you were told, and by whom.

And, yes, as a so-called at-will employee, you can be dismissed for almost any reason which doesn't violate federal antidiscrimination laws

or fall within a public policy exception under applicable state law.

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Answered on 6/09/04, 7:25 am


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