Legal Question in Employment Law in Virginia

FMLA & harrassment

I wrote to you the other day about my dad who recently found out he has cancer. His employer was telling him that he had to take a mandatory 12-week unpaid FMLA leave even though he had accumulated POW time (which is the same thing as PTO (paid time off) time.) He had not asked to be off except for July 1st through July 5th. Once he told them that he would be getting an attorney they have backed off of him taking leave.

But, after telling them the above, they brought him a long list of things that would have to be done by Friday. These things are things that are not urgent matters and my Dad says he's not sure he can get it all done or not because he also has a doctor with his oncologist today. My dad is 72 years old but has always worked really hard and long hours. He recently had an evaluation at work and got raving reviews from the person that looked over what he had done. The cancer has slowed him down a bit but comparitively he is still able to work hard. I guess my question would be - is this harrassment to expect him to get this long list of things done by Friday?

What do we do in this situation?

Thanks so much for your help on this.


Asked on 7/01/09, 11:40 am

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

Re: FMLA & harrassment

Try to get the list of things done(and leave those that can't be finished in time). Keep a careful record of what was done and not done and the time expended on these tasks in case the matter is disputed at some future time.

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Answered on 7/02/09, 10:29 pm


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