Legal Question in Employment Law in Virginia
When is FMLA Usable
My employer called me in today for a counseling concerning what they called ''Unexcused/Excessive Absenteeism. Between the months of January 1, 2008 and May 6, 2008, I had been out 20 times, all for personal illness. I was under the care of a doctor and provided ample notice of my illness and documentation from my doctor. Some of the absences were do to worker's comp appointments through my company.
Our company handbook does have a clause concerning excessive absenteeism and/or tardiness inr reporting to work or returning from meals/breaks etc.
Can they write me up for being out of work, even though I have ample documentation from the doctor? Does this violate any local laws.
1 Answer from Attorneys
Re: When is FMLA Usable
The Commonwealth of Virginia is a so-called employment at will jurisdiction which means that an employee working without the protection of a contract or collective bargaining type of agreement can be terminated by his or her employer for almost any reason(or no reason) that doesn't violate one or more of the protected categories of federal antidiscrimination law, including what the employer interprets as "excessive absenteeism" on the part of an employee.
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