Legal Question in Employment Law in Virginia

Can a company use your annual leave and sick leave as part of your 12 weeks of unpaid family medical leave? My brother used all of his vacation and sick leave so shouldn't he still have 12 weeks of fmla. He is recently diagnosed with MS and has been hospitalized.


Asked on 12/02/09, 5:06 pm

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

No, accrued sick and personal leave cannot be used as a substitute for FMLA leave, but the employer can require the employee to first use the former before taking the latter.

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Answered on 12/08/09, 1:41 am


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