Legal Question in Employment Law in Virginia

We have FMLA but no other type of medical leave. One of our employees was injured at her 2nd job and now needs 2 months off. Since she has only worked for us for 6 months our policy requires that she resign and re-apply when she is able to work again. This is what we have done for years. But this is the first time somebody is out due to WC at a different company. Is this policy ok ?


Asked on 10/09/09, 12:30 pm

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

If this employee has has not worked for you for the minimum 12 months and 1250 hours required under the Act, she would not be eligible to claim leave under FMLA.

And, furthermore, I know of no reason as to why your company would have to somehow accommodate the worker's status as a workman's compensation claimant as a result of an

injury which she apparently incurred while at work with a different company.

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Answered on 10/14/09, 1:56 pm


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