Legal Question in Medical Leave in Virginia
The school system that I work for has restricted intermittent Family Medical Leave to 20% for teachers and instuctional assistants. Other
employees are not so restricted. Is this legal under FMLA?
Asked on 10/02/10, 7:25 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Probably, not, (in my opinion) since the 20% referenced in the Act appears to apply to individual school employees who are actually requesting intermittent FMLA leave over a particular period of time and who
may need to take more than the 20% of leave that they are eligible to take
for that particular period which appears to be permissibler under the Act. (See Sec. 825.601 of the FMLA regarding school employees.)
Answered on 10/09/10, 11:29 am
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