Legal Question in Medical Leave in Virginia
If I have gone on unpaid maternity leave in Virginia for 12 weeks and upon returning to work they offer me the same job, benefits, schedule, etc as before I left, but I would like to request a different schedule (still full time but working from 7-1 instead of 9-5..full time at this job is considered anything over 30 hours). When I presented this to my employed, they said they could not grant me my requested schedule because according to FMLA the job had to be the exact same. However if I am the one requesting the change, can they do it?
Asked on 10/16/10, 12:06 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, the Act does not state only "the exact same" but rather the "same or similar"
job, salary, benefits, etc.
But, nevertheless, of course, your employer can deny your request.
Answered on 10/21/10, 1:52 pm
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