Legal Question in Medical Leave in Virginia
Wrongful Termination
I was on FMLA for back surgery. I am still under the doctor's care but was released to return to work on 3/17/08. On 3/18/08 I was informed I was being laid off on 4/1/08. All the jobs I was previously doing were given to other personnel in the company. Under FMLA laws, can I sue the company? FMLA states that you have to have a job to come back to. Thank you.
1 Answer from Attorneys
Re: Wrongful Termination
SEC 104 EMPLOYMENT AND BENEFITS PROTECTION (Family & Medical Leave Act)
(a)RESTORATION TO POSITION
(1)IN GENERAL--Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave--
(A)to be restored by the employer to the position of employment
held by the employee when the leave commenced; or
(B)to be restored to an equivalent position with equivalent employment benefits, pay,and other terms and conditions of employment.
[Subsection (b) refers basically to managerial employees--highest paid 10 percent of employees ]
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