Legal Question in Employment Law in Virginia

I am 20 weeks pregnant with twins. Shockingly, my doctor put me on strict bedrest as of 12/09/09. My due date is 4/26/10, much farther off than the 12 weeks of job protection through FMLA. Shouldn't I have protection for the bedrest disability and the maternity leave? My HR said I'm only protected for 90 days. My perinatologist office says otherwise. My friend says it depends when you "apply" for the FMLA and that's up to me. The FMLA forms say they must be submitted in 15 days. What does the law say? Are all women on strict bedrest at risk without job protection when it lasts longer than 90 days. And of course it's one related health issue within 365 days. Please advise ASAP. Thank you.


Asked on 12/11/09, 12:32 pm

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

FMLA unpaid leave may be for up to 12 weeks(not merely 90 days) in any given year for any of the medical conditions specified under the Act, including for the birth and subsequent care of a child of an employee covered under the Act.

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Answered on 12/17/09, 11:01 am


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