Legal Question in Employment Law in Virginia

mandatory family leave

My dad has worked for a retirement home for the past 10 years. He recently found out he has cancer and is receiving steroid treatments through an oncologist. Last week he requested 4 days off and requested to use his accumulated time. In his 10 years he has never taken a vacation. He was handed some paperwork on Friday stating that he is being placed on mandatory unpaid fmla beginning July 1, 2009. Can a person be placed on mandatory unpaid fmla even though they have paid time accumulated?


Asked on 6/29/09, 11:32 am

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

Re: mandatory family leave

SEC. 102(d)(2)(A)---Family & Medical Leave Act-- SERIOUS HEALTH CONDITION--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued vacation leave, personal leave , or medical or sick leave of the employee (for FMLA leave).

Your dad should inform his employer that based upon the foregoing provision of the FMLA, he is electing to use his accrued(paid) sick leave rather than unpaid FMLA leave(whether they like it or not).

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Answered on 6/30/09, 12:08 am


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