Legal Question in Medical Leave in Virginia

How do I know if my rights have been violated?

I have been under doctors care for depression since the end of May and under FMLA, when I returned to work it was under limited hours. I had one occasion where my supervisor had me stay later then what my FMLA requires, I didn't feel in a position to say now, later finding out that he was not suppose to put me in that postion. In the beginning of November I discussed with my manager about changing to part time hours knowing that working a full day in my current state of mind was just not possible and did not want to wait until my time was exhausted with my FMLA. I received word that it had been granted, and the same afternoon I was told it was denied, I was advised my job would be phased out and that I would need a state insurance license or another position within the company that didn't require one inorder to stay past Jan. 1st. Putting me through licensing classes would be the first line of defense, I have been with this company 5 years and have an excellent work history. When I asked my supervisor if they had spoken with Human Resource sicne the classes were 8 hrs long and my FMLA states I only work 5 hrs, he advised me my FMLA did not matter because that time would be exhausted middle of December anyways. I need help.


Asked on 11/28/04, 8:45 pm

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

Re: How do I know if my rights have been violated?

Assuming that you are being paid by your employer to attend the licensing classes in lieu of performing work for the company, then they should attempt to accommodate whatever work schedule was

approved for you under your FMLA leave(at least as long as the FMLA leave is still in effect). However, as a practical matter, the employer may have no control over the scheuling of the licensing classes and, therefore, if true, you may have no choice but to attend the training for the full eight hours if you wish to retain some equivalent position compared to the one which you now have with this company after January 1.

Read more
Answered on 11/29/04, 9:02 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Virginia